THE UTTAR PRADESH SUGARCANE SUPPLY AND PURCHASE ORDER, 1954

THE UTTAR PRADESH SUGARCANE SUPPLY AND PURCHASE ORDER, 1954[1]

PREAMBLE

In exercise of the powers conferred by Section 16 of the Uttar Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1953 (U.P. Act No. XXIV of 1953), the Governor is pleased to make the following Order and to direct that it shall come into force from the date of its publication in the Gazette.

Order - 1. Short title and commencement.

(1)     This Order may be called the U.P. Sugarcane Supply and Purchase Order, 1954.

(2)     It shall come into force at once.

Order - 2. Definitions.

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

(a)      "Act" means the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953;

(b)      "Rules" means the U.P. Sugarcane (Regulation of Supply and Purchase) Rules, 1954;

(c)      the terms and expressions used in the Order shall have the same meaning as in the Act and the Rules.

Order - 3. Purchase of cane in reserved area.

(1)     The occupier of a factory shall estimate or cause to be estimated by the 31st day of the October or such later date in a crushing season as, on an application being made to the Cane Commissioner by the occupier of a factory, may be fixed by the Cane Commissioner, the quantity of cane with each grower enrolled in the Growers' Register and shall on demand submit the estimate to the Cane Commissioner and the Collector.

(2)     A Cane-grower or a Cane-Grower's Co-operative Society may within 14 days of the issue of an order reserving an area for a factory, offer in Form A of the Appendix, to supply cane grown in the reserved area, to the ocupier of the factory.

(3)     The occupier of the factory for which an area has been reserved, shall, within fourteen days of the receipt of the offer enter into an agreement in Form B or Form C of the Appendix, with the Cane-grower or the Cane-grower's Co-operative Society, as the case may be, in respect of the cane offered:

Provided that any purchase of cane made before the execution of the prescribed agreement shall be deemed to have been made in accordance with such agreement.

(4)     The Cane Commissioner may, for reasons to be recorded in writing, extend the date for making offers in respect of any reserved area.

Order - 4. Purchase of cane in assigned area.

[2][(1) The occupier of a factory for which an area has been assigned, shall within fourteen days of the order of assignment of the area, enter into an agreement in Form B or C of the Appendix, as the case may be, with the Cane-grower or Cane-Grower's Co-operative Society for the purchase from the assigned area of such quantity of cane as may be fixed by Cane Commissioner:

Provided that any purchase of cane made before the execution of the prescribed agreement shall be deemed to have been made in accordance with such agreement.]

Order - 5. General provisions regarding purchase of cane.

(1)     Cane grown in the reserved or assigned area of a factory shall not except with the permission of the Cane Commissioner, be purchased by any person without the previous issue, at convenient centres in the said area of requisition slips and identification cards to the growers by the occupier of the factory.

(2)     Notwithstanding anything in sub-clause (1) requisition slips and identification cards to members of a Cane-grower's Co-operative Society shall not be issued except by such Society.

(3)     An occupier of a factory or Cane-grower's Co-operative Society shall maintain a record of the identification cards issued and a daily account of the requisition slips issued to the growers and returned by them.]

[3][(4) Purchase of cane shall be spread over the entire crushing season in an equitable manner and due consideration shall be given to variety and maturity of sugarcane:

Provided that this restriction shall not apply where the quantity of cane purchased does not exceed one cart load from a cane grower in a crushing season.]

(5)   A dispute whether a particular system adopted for the purchase of cane is equitable or not, may be referred to the Cane Commissioner whose decision shall be final.

[4][(6) No person other than a cane-grower or a Cane-grower's Co-operative Society shall sell cane to the occupier of factory.]

(7)   No person shall transfer or abet the transfer of a requisition slip for the cane of a grower to another person, with the object of enabling cane other than that belonging to the grower for whom the requisition slip has been issued, to be sold to a factory.

(8)   No person shall accept or obtain or agree to accept or attempt to obtain from any person as gratification or consideration, bonus, set off, luck money, or any other such payment whatsoever, other than legal remuneration, as a motive or reward for weighing or purchasing cane or making payment therefor or for issuing requisition slips or identification cards or for showing or for bearing to show, in connection with the bonding, weighment or purchase or supply of a payment for cane, favour or disfavour to any person.

(9)   No person shall falsely represent himself as a grower of cane or as authorised by such grower to deliver cane on his behalf or as a person authorised in writing by the grower to receive payment on his behalf.

[5][(10) The occupier of a factory shall ` the location of or establish or close a purchasing at a particular place for the supply of cane to the factory, if so directed by the Cane Commissioner.

(11) Save with the previous approval of the Cane Commissioner no occupier of a factory shall purchase cane consigned by a cane grover by rail from a railway station where a purchasing centre has been established or has been ordered to be established under sub-clause (10).

(12) An occupier of a factory, who opens a purchasing centre, shall send intimation thereof within twenty-four hours of the start of operations to the Collector and to the Inspector within whose jurisdiction such purchasing centre is situate.

(13) If a purchasing centre is opened with the intention of purchasing cane for a period of fourteen days the occupier of a factory shall (a) affix a notice at the purchasing centre at the time of opening, showing the probable duration of the period during which purchasing centre is to remain open, and (b) or the same time send intimation of such duration to the Collector and to the Inspector within whose jurisdiction the purchasing centre is situate.

(14) If a purchasing centre is opened with the intention of purchasing cane for a period of fourteen days or more, or if it remains open for a period of fourteen days or more, the occupier of a factory shall at least three days before he closes the purchasing centre either permanently or except as provided in sub-clause (15) (a) temporarily

(a)      affix a notice to that effect at the purchasing centre specifying clearly the date on which the centre is to be closed, and

(b)      send intimation of the date of proposed closure to the Collector and to the Inspector within whose jurisdiction the purchasing centre is situate.

(15) If a purchasing centre has to be closed owing to a breakdown of machinery or other causes necessitating an abrupt but temporary suspension of operations the occupier of a factory shall

(a)      cause to be passed immediately at the purchasing centre notice indicating the probable duration of suspension;

(b)      cause the suspension of purchase to be otherwise advertised as widely as possible;

(c)      send intimation thereof immediately to the Collector and to the Inspector within whose jurisdiction the purchasing centre is situate; and

(d)      purchase requisitioned cane brought within twelve hours of posting of notice as aforesaid.

(16) An occupier of a factory shall

(a)      cause a list to be put up at each purchasing centre showing the names of the persons employed by him for, making weighments, purchases and payments and for arranging purchases of cane at that centre;

(b)      cause such lists to be maintained up-to-date;

(c)      send a copy of the names and full particulars of the persons who are entered in those lists, within twenty-four hours of their employment, to the Collector and to the Inspector, within whose jurisdiction such purchasing centre is situate;

(d)      give to each person employed for making weighments, purchases or payments, a written authority to that effect; and

(e)      not employ, without the permission of the Collector, for making weighments, purchases or payments any person who has been previously convicted of the breach of any provisions of the Act or Rules, or has been sentenced to imprisonment for a period exceeding six months.

(17) No person, who is not authorised as aforsesaid, shall make or supervise weighments, purchases or payments at any purchasing centre on behalf of an occupier of a factory.

(18) On demand by an Inspector of a person employed by an occupier of a factory for making weighments, purchases or payments shall produce the written authority given to him.]

(19) The occupier of a factory situate outside Uttar Pradesh may make purchases of cane in Uttar Pradesh either himself or through any person employed or appointed by him in this behalf, and in all such cases he or his employees or other persons acting or his behalf shall be bound by the rules and this order as if the factory were situate in Uttar Pradesh.