The U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953

http://www.indiansugar.com/PDFS/State_Acts.pdf

As the name suggests this act applies to the whole of Uttar Pradesh and is applicable for the regulation of supply and purchase of sugarcane in the Indian state of U.P. 

Section 2 mentions various definitions like ‘Cane’, ‘Cane Commissioner’, ‘Cane grower’, ‘Gur-Rab or Khandsari sugar manufacturing unit’ etc. Factory means a premise where twenty or more workers work on any single day (or have worked in past 01 year), and sugar is produced by open pan process using mechanical power.  

Section 3 talks about formation of a State Sugar Board for Uttar Pradesh, which would consist of: 

  • Minister in-charge of Industries  
  • Cane Development Minister 

The term of the board will be two years and the state government may dissolve the board before its expiry in certain situations. The board will be a 21-member group having representation of: 

  • 05 members from Gur, Rab or Khandsari sugar manufacturing units. 
  • 05 members from cane growers and cooperatives. 
  • Remaining members will comprise of people with technical knowledge in sugarcane and interested in the development of cane and its products.  

Section 4 mentions the functions of this board as follows: 

  • Matters related to regulation of supply and purchase of cane for factories. 
  • The cane variety suitable or unsuitable for use in factories. 
  • Maintaining healthy relationship between cane growers, cooperatives, factory managers and councils. 
  • And other related matters. 

Section 5 (1 & 2) talks about the Development Council which will be established for the reserved area of a factory and will be called a zone. Section 5 (3) mentions the members of the council as: 

  • 02 members from the concerned factory. 
  • 07 members from cane grower cooperatives, where 01 shall belong to Schedule Cast (SC)/ Schedule Tribe (ST), 01 belong to Other Backward Classes (OBC) and 01 shall be woman.  
  • 01 member from licensed power driven Khandsari Unit.  
  • District Cane Officer. 
  • Sugarcane Protection Officer. 
  •  Seed production Officer. 

Section 6 talks about the functions of the Council: 

  • Approve the development program for the zone. 
  • Execution of development plan in its essentials (such as cane variety, cane seed, sowing program, fertilizers and manure). 
  • Development of irrigation and other agricultural facilities. 
  • Technical trainings and prevention and control of diseases and pests. 
  • Other functions for development of the zone. 

Section 8 specifies a Council Fund which will consist of grants from the Indian Central Sugarcane Committee and the U.P. state government, also involving contributions from sugar factories/ manufacturing units, and cane grower cooperatives. This fund will be used for performing the duties under this Act.  

Section 9 talks about the appointment of a Sugar Commissioner and a Cane Commissioner for the purpose of this Act, who would perform the duties and exercises. One person may be appointed for both the titles. 

Section 10 mentions appointment of an Officer as Additional, Deputy or Assistant Cane Commissioner or Additional, Deputy or Assistant Sugar Commissioner. 

Section 11 talks about assigning Inspectors for performing specific duties and exercises under this Act. 

Section 12 says that the Cane Commissioner has the authority to ask the owner for furnishing any required information and estimate the quantity of cane required by factory.  

Section 14 mentions about the power of the State government for indulging in survey etc. which could be done for supply of cane and recovery of the cost from the occupier of the factory.  

Section 15 talks about the reserved and assigned area as any area prescribed in consultation with the factory and Cane grower cooperative.    

Section 16 specifies the regulation of purchase and supply of cane in reserved and assigned area for distribution, sale and purchase.  

Section 17 talks about the payment of cane price and specifies that the occupier is responsible for the payment to be done immediately after the delivery of the cane. Section 17 (2) says that a default in payment of the price after fifteen days of the delivery will make the occupier liable to pay interest rate.  

Section 18 talks about commission on purchase of cane. When purchased through cane grower’s cooperative society, the commission will be payable to the cooperative and Council proportionately as per the decision of the State government but the payable Council share will not exceed more than 50% and in case of cane directly purchased from the cane growers, the commission is only payable to the Council.  

Section 19 mentions the power of the State government to declare and decide for any cane variety as not fit for use in the factory. As mentioned in the notification, Ratoon cane of any variety is unsuitable for use in factory and seed cane of any variety is unsuitable for cultivation.  

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