THE UTTAR PRADESH VACUUM PAN
SUGAR FACTORIES LICENSING ORDER, 1969[1] Whereas the power to regulate
production of sugar by the Vacuum Pan Sugar Factories exercisable by Central Government
under clause 3 of the Sugar Control Order, 1966, has been delegated to the
State Government under clause 15 of the said order by the Ministry of Food and
Agriculture, Community Development and Co-operation (Department of Food),
Government of India, Notification No. GSR-1191/Ess-Com. Sugar, dated August 24,
1967. And, whereas the State Government
is of the opinion that it is necessary and expedient so to do for regulating
production of Sugar by the Vacuum Pan Sugar Factories. Now, therefore, in exercise of
the powers delegated to the State Government as aforesaid, and in supersession
of the existing Orders on the subject, the Governor of Uttar Pradesh is pleased
to make the following Order: (i)
This Order may be called the U.P. Vacuum Pan Sugar Factories
Licensing Order, 1969. (ii)
It extends to the whole of Uttar Pradesh. (iii)
It shall come into force at once. In this order unless the context
otherwise requires: (a)
"Producer of Sugar" means a person carrying on the
business of manufacturing sugar by vaccum pan process; (b)
"Occupier" or "occupier of a factory" means
the person, who or the authority which, has the ultimate control over the
affairs of the factory and where the said affairs are entrusted to a Manager, a
Managing Director or a Managing Agent, such Manager, Managing Director, or
Managing Agent, shall be deemed to be the occupier of the factory; (c)
"Sugar Commissioner" means an officer appointed as Sugar
Commissioner by the State Government; (d)
"Licence" means a licence granted under the provision of
this order; (e)
"Schedule" or "Form" means a
"Schedule" or "Form" appended to this order; (f)
"Licensing year" means the period beginning on the 1st
date of July in any year and ending on the 30th June next following; (g)
"State Government" means the Government of Uttar
Pradesh. (1)
No sugar shall be manufactured from sugarcane by a producer of
sugar by vaccum pan process unless he has obtained from the State Government a
licence therefor in the form prescribed in Schedule I. (2)
An application for grant or renewal of a licence under clause (i)
shall be submitted to the Sugar Commissioner by the date prescribed in Schedule
II in the form prescribed in Schedule III and accompanied by a satisfactory
proof of the fee prescribed in Schedule IV: Provided that the State
Government may renew the licence for which an application for renewal is
received after the expiry of the prescribed date for receipt of such an
application, if State Government is satisfied that there was reasonable cause
for the delay. A licence granted or renewed
under this Order shall be subject to the conditions prescribed in the form of
licence set out in Schedule I and shall be valid for the entire licensing year
or any part thereof as indicated in the licence by the State Government. If a licence granted under this
Order is defaced, lost or destroyed, duplicate thereof may be obtained from the
Sugar Commissioner on application accompanied by a satisfactory proof of the
payment into Treasury of rupees five only. (1)
The State Government may without prejudice to any other action
that the State Government may be authorised to take under this Order, cancel or
suspend any licence if the licensee has contravened any provision of this Order
or any condition of his licence. (2)
Cancellation or suspension of licence under sub-clause (i) shall
not entitle the licensee to any compensation or to the refund of any fee paid
in respect of such licence. The Sugar Commissioner or any
person authorised by him with a view to securing compliance of the provisions
of this Order (a)
require any producer of sugar or occupier of a sugar factory to
give any information in his possession in respect of any process connected with
the producer of sugar by vacuum pan process; (b)
require licensee to maintain, or to produce such records, data or
information as may be necessary from time to time; (c)
inspect any books or documents and any stock of sugar belonging to
or in control of any person in respect of which he has a reason to believe that
contravention of any provision of this Order has taken place or is likely to
take place and may take such books or documents into his possession for
examination or scrutiny. If a person contravenes any of
the provisions of this Order or conditions of the licence he shall be
punishable in accordance with the provisions of the Essential Commodities Act,
1955. SCHEDULE I Licence Under Clause 3 of the U.P.
Vaccum Pan Sugar Factories Licensing Order, 1969. Licence No. Lucknow Dated......................... S/Sri............................................. Occupier
of.................................... factory situated
at......................... is hereby authorised to crush
sugarcane in the said factory subject to the terms and conditions hereinafter
mentioned and to the provisions of the Sugar (Control) Order, 1966. (1)
The licensee shall produce
sugar by vaccum pan process only. (2)
The licensee shall not
manufacture gur or khandsari in the factory. (3)
The licensee will maintain
the plant and machinery in proper working order and shall forthwith bring to
the notice of the Cane Commissioner any major breakdown in the machinery. (4)
The licensee shall abide
by all the laws and rules for the time being in force in the State for
regulating, the manufacture of sugar by vacuum pan process and the supply and
purchase of sugarcane, and such directions as may be issued from time to time
by the State Government and the Cane Commissioner and Sugar Commissioner, Uttar
Pradesh. (5)
The licence shall be
liable to be cancelled for breach of any of the above conditions. (6)
The licence shall be valid
up to 30th June, 19 Secretary to Government, Uttar Pradesh Industries Department. RENEWAL Lucknow: No. Dated 19..... This licence is hereby renewed with
effect form.................................. till
....................................... on the same terms and conditions. For Secretary to Government, Uttar
Pradesh, Industries Department. SCHEDULE II Period of
receipt of application (1)
Applications for grant or renewal of licence for the licensing
year 1968-69 may be received up to January 25, 1969. Applicants who have
already applied in a proper way and deposited the required fee need not apply
again. (2)
Period of receipt on application for grant or renewal of licence
for any subsequent licensing year shall be between June 1 and July 31. SCHEDULE III [Under
Clause 3 (ii) of U.P. Vacuum Pan Sugar Factories Licensing Order, 1966] Form of
application for a licence to crush cane for its renewal [Clause 3
of the Sugar (Control) Order, 1966 issued under Section 3 of the Essential
Commodities Act, 1955] (1)
(a) Name, parentage and residence or in the case of a firm, name
and principal place of business of the applicant. (b) In the case of a firm
registered under the Indian Companies Act, the name of the company and the
address of the registered office with the names and addresses of the Directors
and of the Manager or Managing Agents, the Secretary and Chief Executive
Officer of the Company. (2)
Site of Factory: Village or Town Thana District Nearest Railway Station. (3)
Quantity of cane crushed during each of the five previous crushing
seasons. (4)
The number of days and hours the factory crushed during each of
the five previous crushing seasons. (5)
Any extension of the plant of the factory during this period. (6)
Whether the prescribed fee of Rs. 1,000 has been deposited in the
district of Sub-Divisional Treasury of the area in which the factory is
situated. (Receipted Treasury Challan,
should accompany with the application). [2][Note.The
licence fee should be deposited under the Head 0.40 Sales Tax-3Tax on purchase
of SugarcaneOther Receipts.] (7)
The number and date of the licence to be renewed (in the case of
application for renewal). (8)
The details of sugarcane Purchase Tax cane price commission etc.,
dues outstanding against the occupier of the factory on the date of submission
of application for grant or annual renewal of cane crushing licence. SCHEDULE IV Licensing
fee Licence
fee for each licensing year or part thereof shall be Rs. 1,000.THE
UTTAR PRADESH VACUUM PAN SUGAR FACTORIES LICENSING ORDER, 1969
PREAMBLE