PREAMBLE

In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955) read with the order no. G.S.R. 906 of the Government of India, in the Ministry of Food, Agriculture, Community Development and Co-operation (Department of Food), dated the 9th June, 1966 and with the prior concurrence of the Central Government, the Government of Bihar is pleased to make the following Order, namely :-

Order 1. Short title, extent and commencement.--

(1)     This Order may be called the Bihar Sugarcane (Distribution and Movement Control) Order, 1966.

(2)     It extends to the whole of Bihar.

(3)     It shall come into force at once.

Order 2. Definitions.--

In this Order, unless there is anything repugnant in the subject or context.-

(a)      'Cane-grower' means a person who cultivates either by himself or by members of his family or by hired labor and who is not a member of a Cane-growers Co-operative Society;

(b)      'Cane growers Co-operative Society' means a society registered under the Bihar and Orissa Co-operative Societies Act, 1935 (B. and O. Act VI 1935) one of the objects of which is to sell sugarcane grown by its members;

(c)      'Factory' means any premises including the precincts thereof, in any part of which sugar is manufactured by vaccum-pan process;

(d)      'Form' means a form appended to this Order;

(e)      'Gur and Khandsari Unit' means a unit ordinarily engaged in the manufacture of gur or Khandsari sugarcane juice or rab;

(f)       'Licensing authority' means the Cane Commissioner, Bihar;

(g)      'Licensing year' means the period commencing on the first day of July in any year and ending with the thirtieth day of June in the year next following;

(h)     'License' means a license granted under the provisions of this Order;

(i)       'Power crusher' means a crusher working with the aid of diesel, electrical or steam-power and engaged or ordinarily engaged in crushing sugarcane and extracting juice therefrom for the manufacture of Gur, Shakkar, Gul, Jaggery, Rab or Khandsari Sugar;

(j)       'Reserved area' means any area where sugarcane is grown and reserved for a factory under item (a) of sub-clause (1) of clause 6 of the Sugarcane (Control) Order, 1966.

(k)      'State Government' means the Government of the State of Bihar.

Order 3. Restrictions on distribution and movement of sugarcane.--

(a)      No power crusher or power-driven Gur or Khandsari units shall purchase sugarcane for crushing or sugarcane juice for manufacture of Shakkar, Gur, Jaggery, Rab or Khandsari Sugar, as the case may be, except under and in accordance with the items and conditions of a license issued in this behalf by the licensing authority:

Provided that where such a license is issued-

(i)       The Cane Commissioner may require the license holder to purchase sugarcane or sugarcane juice only through a Cane-grower's Co-operative Society, where such a society exists, and to pay commission to the society on the sugarcane or sugarcane juice purchases through it at such rate as may be fixed by the State Government,

(ii)      The license-holder shall not crush sugarcane or purchase sugarcane juice in excess of the quantity specified by the Cane Commissioner, Bihar, in the license and shall work the power crusher, power-driven Gur or Khandsari unit, as the case may be, only during such period or such hours as may be specified in the license.

(b)      The owner or other person in the change of a power-crusher and power driven Gur or Khandsari unit in a reserved area or within 15 kilometers of a factory, existing or to be set up, shall shift to it such a place outside the reserved area or beyond 15 kilometers of such factory as may be specified by the Cane Commissioner, Bihar, in the order issued for the purpose:

Provided that no such order of shifting shall be passed by the Cane Commissioner, Bihar unless the factory for which the area is reserved undertakes to pay the cost of shifting as determined by the Cane Commissioner, Bihar within such time as may be fixed by him on the basis of an agreement between the parties in this behalf, or in the event of there being no such agreement, on a fair and reasonable basis after affording both the parties an opportunity to make representation in writing as to the cost involved and the basis of the calculation thereof.

Order 4. Issue of License.--

(1)     Every application for a license or a renewal thereof shall be made to the licensing authority as in Form A.

(2)     Every license issued or renewed under this Order shall be in Form B.

Order 5. Period of license and fees chargeable.--

(1)     Every license granted under this Order shall be valid for one licensing year and may be renewed for a period of one year at a time. If the license is renewed, renewal shall be endorsed on the license.

(2)     The fees specified below shall be chargeable in respect of a license, namely:-

Note.-The duplicate license issued shall bear the word 'Duplicate' on it at the top in bold letters.

Order 6. Power to refuse or cancel license.--

The licensing authority may, after giving to the party concerned an opportunity of stating his case and for reasons to be recorded in writing, refuse to grant or renew a license.

Order 7. Contravention of conditions of license.--

No holder of license issued under this Order shall contravene any of the terms or conditions of the license and if any such holder contravenes any of the said terms or conditions, then without prejudice to any other action that may be taken against him, his license may be cancelled or suspended by an order in writing of the licensing authority:

Provided that no order regarding cancellation or suspension of a license shall be passed unless the license-holder has been given a reasonable opportunity of stating his case against the proposed cancellation or suspension thereof.

Order 8. Appeal.--

Any person aggrieved by any order of the licensing authority refusing to grant or renew a license or canceling or suspending a license under the provisions of this Order may appeal to the State Government within 3 days of the receipt by him of such order. The decision of the State Government in this behalf shall be final.

Order 9. Power of entry, search, seizure, etc.--

Any person authorized in this behalf by the State Government may with such assistance, if any, as he thinks fit-

(a)      require the owner, occupier or any other person in charge of a power-crusher or power-driven Gur or Khandsari unit in which he has reason to believe that any contravention of the provisions of this Order or of the conditions of any license issued there under has been, is being or is about to the committed, to produce any books, accounts or other documents showing transactions relating to such contraventions;

(b)      enter, inspect or break open and search any part of the place of premises where such a power crusher or unit is located in which he has reason to believe that any contravention of the provisions of this Order of the condition of any license is being or is about to be committed;

(c)      take or cause to be taken from or copies of any documents, showing transaction relating to such contraventions, which are produced before him:

(d)      search, seize and remove any vital part of the power-crusher so as to make it inoperative:

Provided that breaking open and search under this clause shall be made in the presence of two witnesses.

Order 10. Exemption.--

The State Government may, by order in writing exempt any class of persons from the operation of any or all of the provisions of this Order and may at any time suspend or cancel such exemption.

Order 11. Rescission and saving.--

The Bihar Sugarcane (Distribution and Movement Control) Order, 1966, published under Government of Bihar, Department of Cooperation and Sugarcane (Sugarcane-Section) Notification No. 1027, dated the 20th April, 1966, is hereby rescinded:

Provided that notwithstanding such rescission, any order made, notification issued, right accrued, penalty incurred or anything done or deemed to have been done in pursuance of the order so rescinded, shall be deemed to have been made, issued, accrued, incurred or done under the corresponding provisions of this Order.