The Tamil Nadu Sugar Factories Control Act, 1949

The Tamil Nadu Sugar Factories Control Act, 1949 Act 20 of 1949 Keyword(s): Co-Operative Society, Crushing Season, Factory, Grower, Inspector, Occupier of a Factory, Planting Season, Sugarcane Commissioner DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. _ _ - - -_ - - - - * _ -..l - :T .N. Act XX] Sugar FUctorics Control 35 l[TAMID NADU] ACT 9X OF 1949.2 [m '~TAMINIAI DU]S UGARF ACTORI BCSO N^^ - ACT, 19491 eived the assent of the Governor on tile 13th 1949 ; ?rll~ the Fort St. George Gazette on the h Act to provide for the'-lieensing of sugar factcries a d regulating the supply h d t he prices of sugarcane used in such factories and for other incidental matters. W ~ it is exSpedien t to provide for the licensing of sugar factories and regulating the supply and the prices of sugarcane used in such factories and for other incidental matters 8 It is hereby enacted as follows :- 1. (1) This Act may be called the '[Tarnil Nadu] Sugar Short title I * - Factories Control Act, 1949. extent and commence- (2) It extends to the whole of the 8[Statc , of Tamil ment* (3) This section shall come into force itt once, and the Government may, from time to time, by notification, apply all or any of t hi2 remaining provisions uf this Act to the whole or any portion of the '[State of Tan il Nzdu] from such date or daies as may be specified in the notification. -- -- 1T hese words cx?eres ubstiiuieu lor the word " Madras " by the Tamil Nad~A daptation of Laws Ordeb., 1968, as amenQed by the Tad1N adu Adaptation of Laws (Second Amendment) Order, 1969. , a For Statement r f Objects and Reasons: see Fort St. ~ e o r ~ e Gazette, dated the 14t h December 1948, Part I\;-A, page 434. This Act was cxtctldcd to the merged Slalc of Pudukkottai by' . section 3 of, and the First Schedule to, the Madras Merged States (Laws) Act, 1949 (Madrag Act XXX'o f 1949). All cesses imposed, assessed or collected ar purporting to have Wnimposed, assessed or collected under this Act before the cornmen- . cement of the Sugarcane Cess (Validation) Act, 1961 (Central Act 38 of 1961) were validated by section 3'of the latter Act. of all cessas by the Government under . between the 1st March 1962 and the 27th sive ) was validated by section 3 of .the ess (Validation) Acrty 1963 (Tamil Nadu 8 This expression was substituted for the expression '$ St'ate of . Madras" by the Tamil Nadu Adaptation of Laws Order, 1969; as - I amended by the Tamil Nadu Adaptation of Laws ( b n d bend- { ment), Order, 1969. . , - 12%-3-3~ 7 t 'i, " 2. In this Act, unless there is anything repugn b&itiOna subject or ccntext- (a; 'Advisory Committee' mans the C constituted under section 3 ; of sugarcane grown by its members] ; I (b) ' crushing season ' means the period beginning on the 1stNovernberinanyyearand endingonthe30th June ' next following : . - Provided that the Goverllment may, either generally or in respect of any particular factory, by notification, extend the period afcresaid beyond the 30th June ; - (c) ' factcry ' means any premises, including the , precincts thereof, wherein ten or more workers are working or were working on any day of the preceding t welve months and i~ ,ly part of which any manufacturing process $on- uected with the production of sugar by means of vacuum pans is being carfied on or is ordinarily carried on 4 t h the aid of power ; (d) ' Government' means the 8[State] Governmenti (e) ' Inspector ' means a person a f nspectoi under section 5 ; Cr) ' notification ' means a notificati * the Fort St. George Gatette ; . . r , * . - Now the Tamil Nadu Governntent Gazette. *-.,..----- r NaduAct53 of1961). I L ,- ) I- . . > - - - - - ----a---- . - - . - . , . ., ... - - -- -. - 'C ' occt~piero f a factory ' includes the managing - sible for the management of ,+ . 'Mgg) ' planting season ' means, in relation to any 1a rea, such period or perioJ~asm ay from time to time otified by the Government in respect of such area;] prescribed by rules made (1) ' Sugarcane Commissioner ' mans the officer ointed to be Sugarcane Commissioner under secticn 4. nment shall, by nsti ficatio n, conslitut e . uch manner as may be prescribed an Advisory Com- tion of which shall be represent alive f2.r e.s possible of Advisory 2.s Committee, the purpose of ed vising the n whichconsultation with nder this Act or the rules ch other matters as the 4. The Government may appoint one oft heir offikr s by Sugarcane name,or the holder for the time being of any office subject Commis- to their adn~inistrativec ontro 1 to be Su gar cane Commis- sloner* . sioner 2 and he shall exercise the powers and perform the dvties conferred or imposed on the Sugarcane Corn- rnissio ner by or under this Act. 5. (1) The Government may appoint as many r--sons AP:;!~~. as they may consider nccess2.r y by mme c~ virtue of ment "7 their office to be Inspectors for the purposes of this Act, of Ins- pectoru. within such local limits as they may specify. (2) The Inspectors sha 11 be subordinate to the Sugar- crane Commissioner and exercise such powers and perform such duties as are conferred or imposed on them by or under t his Act. 6. (1) On and after such d.ate as t he Government may, ~icence 8 by notification, specify in thisbehalf, no sugarmne shall be cforur shing crushed in any factory unless a licence for that purpose has been obtained inrespect of tbzt factoryfromthe I Government. 11 2 of the Madras Sugar t, 193'2 (Madras Act IX of BSections6 to 12 must be deemed to have b1:en repealed by virtue of the provisions contained in section 16 (b) of the ~ssential Comma dittos Actf 1955 (Central Act 10 of 1955). - - _--.I_--- - 1: It- yrb 38 7 t* ----\ (2) Every application for a licence u n (1) shall be made to. the c3over merit in such . , be awm,?auied by such fee not exceeding o rupees as may be prescribed. - (3) The Government shall grant the ;IS I for, if the factory was in existence oa the dat ;; ; *. PI?l: -. \ : , cation ofth e notification under sub-sectio L struction had been commenced or it had been ordered before that date ; in Government may eith~grr ant the licence or, to bc commcirunit ed in writing, refuse t - Pgovided that no licence shall be r - applicant has beengivenan opportunityto sh against such refusal, and t he Ad visor y Co consulted in regard thereto. (4) Alicence grantedunder thi:; section shall be valid for aperiod of ton years, but may, subject to the provibions - of su b-sect ion (5) , be renewcd by the Gover nmenti from time to time, daring the last year of it:: currency for a period of ten years on each occasion. i (5) The Government mav, for reasons to be commu ni- . cated in wr.'ting, refuse to renew a licence on t hh ground that the licensce has been guilty ot a breach of any of the -conditians c ' f his licence or of contravening any oft he pro- visions of this Act : Provided th9.t the licensee shall be given an oppor- h tunit y to show cau se against such rzfusal and the Ad visory Uommittee shall be consulted in regard thereto. 7. (1) Aliccnce granted or renewed under sect ion 6 shan of licence. be subject KO s!:ch conditions 8s the Government m y , after cqlaulting the Advisory Cornmiltee, impose at the time of its grant or renewal or at any time during its currency,in respect of all or any of the following matters:-- (a) the lninimum quuntityof the s u ~ a n e - t h a t shall be crushed ddring the crushing season in each par; I (b) the nnnner in which sugar produced in the factory f&all be graded, marked ,p acked or stored for sale 1 .- 4. -- - a 1949 :T .N. Act XX] &gar Focrorics Control 39 I (2) Where the Government are s2tised inrespect of licence granted or renewed u nder section 6 that there been a brach of any of the conditions to which the licence was subject, they may, without prejudice to any penalty which may be i mpo-sed ont he pcc~pl ier of the factory in respect of such breach under section 13, suspend or ancel the licence for rzasons to be recorde 1 in writing: Provided that the licensee shall be given an opportunity to SPJw eal? se aeainst such suspension or cancellation and the Advisory Committee shall be consulted in regard thereto. (3) Where a licence is suspentled cr cancelled under sub-section (2), no per son shall be entitled to any compensa- tion from the ~oiernmenot n the ground of any loss or damage arising fro n such suspension or ;~ncellatino o r to the refund of any fce paid to the Government in respect d . such licence. The, ocupier of every factory shall submit to the cane Cornmi ssioner on or before a date specifid by n thisbehalf, an estimate, in t hc prescribed form and of the quantity of sugarcane which would be by that faatdry during the crushing season ediately following. 9. (1) The Sugar cane Commissioner may, after t sung into consideration the estimate, if sny, submitted to him tion of in accordance with section 8 and any other circumstance raerved . which he mayc o nsider material by notification,declare any areas. areato be s reserved area fordsuchf actory and during such crushing season or seasons, as may be :p ecified in t h.e I notification. \ \ (2) The Sugarcane Commissioner may, at any time by notifhation, modify or cancel any notification issued i under sub-section (1) : . ,* Provided that' before doing so, he shall give a reason- able opportunity to the occupier of the factory and the gfowers of sugarcane concerned, for making their repre- sentations, if any,. in regard thereto. (3) Any person aggrieved by an order of the Sugarcane Commissioner under sub-section (1) or sub-section (2) may within the prescribed time, appeal to the Government and the Government may pass such orders as they dcom fit on such appeal. , - 40 Sugar Factories Control [I949 :T . N. Act XX 7 .'$ 3 10. '[(I) (a) Any grower in a reserved area may, before g3 Agree ments with the close of each planting season, offer to sell to the occupier - . M ,$ growe* bf the factory for which the area has been reserved, for I for of c-llshing in the crushing season immediately followin;,. sugarcane. such quantity of the sugarcane grown by him (or where the ., , 4 grower is a co-operative society, such quantity of the sugar- ,?I catle grown by all its members) as the grower may specify, but not exceeding the quantity, if any, specified for such j grower in respect cf such season by the Sugarcane Commis- . i i,a sioner or by an Inspector authorized by him in this behalf. ,,a.+ . ' ' 9 (b) The offer shall be made in such form and on or before such date as may be prescribed.] (2) The occupier of such agreement with the 2[grower] for 'cane offered by him in accordant and the agreement shall be in such form, shal on or before such date, and shall con conditions as may be prescribed : Provided that the occupier may refuse to ent such an agreement where the sugar deliveryqduringa period in respect of entered int.3a greements with ergrower 4 r t he purchase of a quantity of s t n ~ m u mco nsumption of the fact (3) An appeal shall lie to the Suga sioner against any refusal of the occupier to agreement under the proviso to sub-sectio decision of the Sugarcane Comrnissione~ shall be final. (4) The occupier of the factory shall ter in the prescribed form and manner 2[growers] who offered to sell sugarc section (11, and (ii) the manner in dealt with. --. 1 This sub-sectio6 was substituted for by section 3 of the Madras Sugar Facto Act, 1952 (Madras Act IX of 1952) 2 This word was subsiituted for the "sugarcane f rowers and Sugarcan " " and 3 (iii) o the Mixbas Sugar Factor Act, 1952 (Madras Ac. IX , f If 52) . " , . -- - - - ,, __ __ _ -- ----- i, 949 :T . N: Act XX] Sugar ~uctoiieCs ontrol 41 11. (1) So long as the notification as issued under sub- Certain ection (1) of section 9, or as modified under sub-section (2) tpnsac- f that section remains in force, except with the previous 'IonS ermissioa in writing of the Inspector- prohibited in a r reserved (a) no one shall sell any sugarcane grown in any .3,,. ea declared by such notification to be a reserved area, any persan other than the occupisr of the factory speci- e fied in it unless such occupier has refused to buy the sugar- cane under the proviso to sub-section (27 of section 10, such refusal not having been set aside on appeal unu,r sub- . section (3) of that section ; (b) the occupier of the factory sh~inlo t refuse to purchase any sugarcane offered to him under sub- yxtion (1) of section 10, except in the case referred to in the proviso to sub-section (2) of th$ section ; (c) no one shall export any sugsrcane out of the reserved area except where the salo of the sugarcane to a person other than the occupiei of the factory is permis- sible under clause (a) ; a (d) no one shall import aily sugarcane into the , reserved area except in cases where export of the sugarcane from some other reserved area is permissible under clause (c) as applied to such other zrea. & (2) Against any order of the Inrpector refusing the permission referrod to in sub-section (I), an appeal shall lie within the prescribed time to the Sugarcane Commissioner who may pass such order as he deems fit on such appeal. (3) The Government may, either suo motu or on application. c::il for and examine the rmord of any order passed by or any proceeding lecorded by, the Sugarcane Commissioner under sub-section (2) for the purpose cP satisfying thct ,~sclvesa s to the legality or the propriety of such order: or as to the regularity of such proceeding and may pass such order inreference thereto as they think '[ll-A. Notwithstanding anything contained in this Power to , it shall be open to any grower (other than a co-opera- crush or society) who owns within a reserved area not more t s o u g s a e I ll c aq han five acres of land growing sugarcane, either him - self b y . growers. iThis section was inserted by section 4 of the Madras Sugar Facto- ,T ries Control (Amendment) Act, 1952 (Madras Act IX of 1952). *- - - 42 Sugar Factortes aontrol f 1949 :T . N. Act X JI 4,' 4$ " to crush the svgarcane grown by him for the making gur within the same reserved area or sugarcane grown by him for that purpose.3 Power of 12. (1) Tho Govern a~vemmentc ommencerr ent of a cru to xif pdces* Advisory Committee, by no or in respect of any factory, occupier of a factory shall be cane purchased by him during the seasofi or the method of calculating such price : Provided that the Government may specify difiirent I prices or different methods of calculating the prices of different varieties of sugarcane. I (2) The Government may at any time, after consul- ting the Advis~yC ommittee, by notification, vary any price or method of cdculation specified under sub-wetion (1) : Provided that no such notification shall apply to any sugarcane purchased by the occupier of a factory before the publication of such notification. f' ' (3) The Government may, after consulting -the ' Advisory Committee, by notification, permit the occupier of a rar:ary to pay the price payable by him under this saction in such nurnber of instalments as may bespecified in such notification. :*;T(4) The occupier of a factory shall not make any deductions fxom the price payable by him in accordance with this section, except such as may be presdbed. 13. (1) If sugar cane is crus Penalties. a 1icence.under ssction 6 or in section has been granted in ~s thole is a breach of any of Hcence was subjest, the occ - shall be punishable with fine thousand rupees for4each day M lwhioh sugar crushed or on which the breach continues. (2) If the occupier bf a factory- (a) in contravention of section 11 r ~hasa any sui;arcaw, or - - - - . -- --- - I' P5 __ -- -- 49 i T. N. Act XX ] Sugar Factories Contf0 2 43 (b) refuses to pay for any sugarcane purchased him the price payable in accordance with section 12 y deduction from such price in contravention he shall be punisha5le with imprisonment d td six months or with fine which may o thousand nlpees or with both. , I erson imports or exports or sells any contravention cf section 1l 'tor crushes or ' grown or bought by him, in contra- tion 1 l-A ] he shall bap~lnishablaw ith im- ' ) . hich may extend to six months or with fine tend to two thousand n pe2s orwith.both.: y 'person contrave 'ng any of the provislons for which no pe.lty is provided in sub- + (3), shall be punishable with fine which extend to two thousand rupees. overnrnent may, after consulting the Levy d -8. tee, by notification, levy a c&s ' annas per standard maund as defined rds of Weight Act, 1939, on sugarcane brought into any 3[local area] specified in such notifi- 39*.c ation, for consumption, use or sale therein. I the; maximum aforesaid, tho Goverh- e to time, after consulting the Advi- , by notification, alter the rate of levy (?) The Government may, by order, remit in whole or in part any cess paid or payable under this section in res- pect of any sugarcane specified in such order. (4) The Government may, after consulting the advi- sory Committee, make rules, specifying the authorities , by which, the persons from whom, ard the manner io which, the cess levied under this section shall be collected. , 1 These words, figures and letter were inserted by section 5 of the Madras Sugar Factories Control (Amendment) Act, 1952 (Madras Act IX of 1952;. a See also the standards of Weights and Measures Act, 1976 (Central Act GO of 1976). 3 These words were substituted for the word "area" by section 2 of the Tamil Nadu Sugar Factories Control (Amendment) Act, 1962 (Tamil Nadu Act 1 of 1962). 15.. Where a pzrson committing any o le under this Act is a company or an ass 6. (1) No suit, prosecution. or other legal proceedin lie against the Government or against any authotity, r or person for anything which is in good faith -done or intended to be done under this Act or the rules made (2)' No decision of the Goverl~lnent or Sugarcane Commissioner or any Inspector in tbe exercise of any discretion or authority conferred by or under this Act sltall be liable to be questioned in any Court of Law. Power-io make 17. (1) The Governam+ m y make rules to carry out the purposes of this Act. (2) In particulgr and without prejudice to the gene- rality of t he fbr $going power, such rules may provide for- (b) the formof spplicntionfor the gri?ntorr enbwal { of a li&nce u rider section 6 and the fee which should accompany each such application, + (c) the lime within which appeals under section 9 ( 3) or sectiodl 1 (2) may be Bed, .- -