The uttar pradesh sugarcane (regulation of supply and purchase) act, 1953

263 THE UTTAR PRADESH SUGARCANE (REGULATION OF SUPPLY AND PURCHASE) ACT, 19531 [U.P. ACT NO. XXIV OF 1953] Amended by- U. P. Act no. XXI of 1956 U. P. Act no. XXII of 1956 U. P. Act no. III of 1960 U. P. Act no. XXXIV of 1961 U. P. Act no. VI of 1962 U. P. Act no. IV of 1964 U. P. Act no. XI of 1966 U. P. Act no. VI of 1971 U. P. Act no. II of 1972 U. P. Act no. VII of 1974 U. P. Act no. XXVIII of 1974 U. P. Act no. X of 1976 U. P. Act no. XXXIV of 1976 [Passed in Hindi by the Uttar Pradesh Legislative Assembly on August 13. 1953 and by the Uttar Pradesh Legislative Council on September 5,1953. Received the assent of the President on October 5, 1953 under Article 201 of ‘the Constitution of India’, and was published in the Uttar Pradesh Gazette Extraordinary, dated October 9, 1953·] AN ACT to regulate the supply and purchase of sugarcane required for Use in sugar [Factories and Gur, Rab or Khandsari Sugar Manufacturing Units]2 WHEREAS it is expedient to regulate the supply and purchase of sugarcane required for use in sugar [Factories and Gur, Rab or Khandsari Sugar Manufacturing Units]2 and other connected matters; It is hereby enacted as follows : -- CHAPTER I PRELIMINARY Short title, 1- (1) This Act may be called the U. P. Sugarcane (Regulation of Supply and extent and Purchase) Act, 1953. commencement (2) It extends to the whole of Uttar Pradesh. (3) I t shall come into force at once. Definition 2- In this Act, unless there is anything repugnant in the subject or context-- (a) "assigned area" means an area assigned to a factory under section 15 ; 1- For Statement of Objects and Reasons, see U. P. Gazette extraordinary, dated July 15. 1953· 2- Subs. by section 2 of U. P. Act III of 1960. 264 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 2] (b) [***]5 (c) "Cane" means sugarcane intended for use in a factory [or Gur, Rab or Khandsari Sugar Manufacturing Units]2; (d) "Cane Commissioner" means the officer appointed to be Cane Commissioner under section 9, and includes an Additional Cane Commissioner appointed under section 10 ; (e) "Cane-grower" means a person who cultivates cane either by himself or by member of his family or by hired labour and who is not a member of a Cane- growers' Co-operative Society: (f) "Cane-growers' Co-operative Society means society registered under the Co-operative Societies Act, 1912, one of the objects of which is to sell cane grown by its members and includes the federation of such societies registered under section 8 of the said Act; (g) "Collector" includes any person whom the State Government may, by notification, appoint to exercise and perform the powers and duties of a Collector under this Act; (h) "Council" means the Cane Development Council established under section 5; (i) "Crushing season" means the period [beginning on the 1st October in any year and ending on the 15th July next following;]3 (j) "Factory" means any premises, including the precincts thereof wherein twenty or more workers are working or were working on any day during the preceding twelve months and in any-part of which any manufacturing process connected with the production of sugar by means of vacuum pans is being carried on or is ordinarily carried on with the aid of mechanical power. [(j-i) Gur, Rab or Khandsari Sugar Manufacturing Unit" means a unit engaged or ordinarily engaged in the manufacture or production of gur, rab or khandsari sugar in a reserved area, and which is capable of handling sugarcane juice produced with, the aid of a crusher driven by any mechanical power;]1 [(j-ii) 'Inspector' means any person appointed or any officer designated as inspector under section II ;]4 [(k) "Occupier" in relation to a factory or a Gur, Rab or Khandsari Sugar Manufacturing Unit, means the person (including a company, firm or otter association of individuals) who, or the authority which, owns or has the ultimate control over the affairs of such factory or unit and where the said affairs are entrusted to a Managing Agent or a Director or other officer of such person or authority, includes such Managing Agent, Director or other officer. 1- Added by section 3(1) of U.P. Act 3 of 1960. 2- Ins. by section 2 (1) of U. P. Act No. IV of 1964. 3- Subs. by s. 2 of U. P. Act no. 6 of 1971. 4- Subs. by s. 2 (a) of U.P. Act no. 7 of 1974. 5- Omitted by section 2 of Uttarakhand. Act no. 09 of 2009. 265 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 3-5] Explanation-- Notwithstanding that the affairs of a factory or unit are entrusted to a Managing Agent or a Director or other officer, the liability under section 17 of the person, who or the authority which, owns or has the ultimate control over the affairs of the factory or unit shall remain unaffected.]4 (l) "prescribed" means prescribed by rules ; (m) [* * * ]3 [(n) "Reserved area" shall mean the area reserved for a factory under an Order for reservation of sugarcane areas made under rule 125-B of the Defence of India Rules, 1962 and when no such order is in force, the area specified in an order 'made under section 15;]1 (o) "Rule’ means a rule made under this Act; (p) "State Government" means the Government of Uttar Pradesh; and (q) "Sugar Commissioner" means the officer appointed to be Sugar Commissioner under section 9 [and includes an Additional Sugar Commissioner appointed under section 10.]2 CHAPTER II ADMINISTRATIVE MACHINERY 3- [***]5 4- [***]5 The 5- (1) There shall be established for the reserved area of a factory a Cane Development Development Council (hereinafter called the Council) which shall be body Council corporate by the name of such area or such other name as may be prescribed, having perpetual succession, and subject to such restrictions or qualifications as may be imposed under this Act or any other enactment vested with the capacity of suing and being sued in it corporate name, of acquiring, holding, administering and transferring property both movable and immovable, and of entering into contracts: Provided that where the Cane Commissioner so directs the Council may be established for a larger or smaller area than the reserved area of a factory. (2) The area for which a Development Council is established be called a zone. 1. Subs. and be deemed to have been subs. with effect from October 17, 1963 by section 2(2) of U.P. Act no. IV of 1964 2. Ins. by section 2(3) of U.P. Act no. IV of 1964. 3. Omit by section 2(b) of U.P. Act no. 7 of 1974. 4. Ins. by section 2 (a ) ibid 5. Omitted by section 3 of Uttarakhand Act No. 09 of 2009. 266 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 5] [(3) The Council shall consist of the following, namely : - (i) two representatives of the sugar factory concerned to be nominated by the occupier; (ii) five representatives of each Cane-growers’ Co-operative Society functioning in the reserved area, to be elected by the members of the committees of management of such societies from amongst the members of such societies : Provided that one representative of Scheduled Castes or Scheduled Tribes, one representative of Other Backward Classes and one representative woman shall be in five representatives of the cane-growers subject to availability; (iii) One representative of the licensed power-driven khandsari manufacturing units in the reserved area, to be elected by their owners; (iv) the Assistant Cane Commissioner of concerned council; (v) the Senior Cane Development Inspector, who shall be ex-officio Member-Secretary.]4 (3-A) The members of the Council shall elect [from among the five representatives referred to in clause (ii) of sub-section (3) a person]3 to be the Chairman of such Council;]2 [(4) The term of council shall be concurrent to the term of cane society and after expiry of the terms, the council shall be reconstituted according to the provisions in sub-section (3): Provided that the Cane Commissioner, if he is satisfied that it is necessary to do so, then after the approval of the State Government dissolved the council before the expiry of its term or extend the time of the council maximum for two years.]5 (5) Where a Council is dissolved the following consequences shall follow :- (a) [the Chairman and all members but not the Secretary]1 shall on a date to be specified in the order vacate their offices but without prejudice to their eligibility for appointment or nomination as member; (b) the Council shall be reconstituted by the Cane Commissioner in accordance with the provisions of sub-section (3); and 1. Subs. by s. 4 (b) (i) of U. P. Act no. 7 of 1974. 2. Sub-section (3) and (3-A) subs by section 2 (a) of U. P. Act no. 10 of 1976. 3. Subs. by section 2 (2) of U.P. Act No. 30, 1979. 4. Subs. by section 2 (1) of Uttarakhand Act No. 15 of 2013. 5. Subs. by section 2 (2) ibid. 267 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 6-8] (c) the duties, powers and functions of the Council shall, pending its reconstitution, be discharged, exercised and performed [by the Secretary]2 for such period and subject to restrictions as may be specified in the order. Functions of 6- (1) Functions of the Council shall be :- the Council (a) to consider and approve the programme of development for the zone; (b) to devise ways and means for the execution of the development plan in all its essentials such as cane varieties, cane seed, sowing programme, fertilizers and manures, (c) to undertake the development of irrigation and other, agricultural facilities in the zone ; (d) to take necessary steps for the prevention and control of diseases and pests arid to render all possible help in the soil extension work; (e) to impart technical training to cultivators in matters relating to the production of cane ; (f) to administer the funds at its disposal for the execution of the Development Scheme subject to the general or special directions of the Came Commissioner; and (g) to perform other prescribed functions pertaining and conducive to the general development of the zone. (2) The State Government may by rule provide for an annual meeting of all the Development Councils in a district Every such meeting shall be presided over by the Collector. Casual 7- A casual vacancy in the Council shall be filled up, as far as may be, in the Vacancy manner stated in sub-section (3) of section 5. Council Fund 8- (1) There shall be a fund at the disposal of the Council to meet the charges in connection with the discharge of its duties and performance of its functions under this Act. (2) The fund of the Council shall consist of- (a) grants, if any, made by the Indian Central Sugar-cane Committee; (b) grants, if any, made by the State Government (c) contributions made by the sugar factories [Gur, Rab or Khandsari Sugar Manufacturing Units]1 and Cane-growers Co-operative Societies at rates to be prescribed ; and (d) any other sums which the State Government may require to be credited to it. 1. Ins. by section 6 of U. P. Act no. III of 1960. 2. Ins. by section 4 (b)(ii) of U. P. Act no. 7 of 1974. 268 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 8A-12] [Suppression 8-A If at any time, the State Government is, after taking into consideration the of Council explanation, if any, of the Council, satisfied that the Council has made a willful default in the performance of any of its functions and duties under this Act, it may, by notification, supersede the Council for such period as may be specified, and shall make such arrangements for the performance of the functions and duties of the Council, during the period of supersession, as it may deem fit.]3 Sugar 9- The State Government may for purposes of this Act appoint--- Commissioner (a) a Sugar Commissioner, and and Cane Commissioner (b) a Cane Commissioner, who shall perform the duties and exercise all powers conferred or imposed upon them by or under this Act : Provided that nothing in this section shall prevent the State Government; from appointing the same person to be the Sugar Commissioners. [Additional, 10- The State Government may appoint any person or designate any Government Deputy or officer as Additional, Deputy or Assistant Cane Commissioner or Additional, Assistant Cane Deputy or Assistant Sugar commissioner.]2 Sugar commissioner Inspectors 11- (1) The State Government may for purposes of this Act appointment any persons or designate such officers of the Government, as it thinks fit to be Inspectors within such local limits as may be assigned to them. (2) The Inspector shall perform the duties and exercise the powers conferred or imposed upon them by or under this Act. CHAPTER III SUPPLY AND PURCHASE OF CANE Estimates of 12- (1) The Cane Commissioner, may for purposes of section 15, by order, requirements require the occupier of any factory to furnish in the manner and by the date specified in the order to the Cane Commissioner an estimate of the quantity of cane which will be required by the factory during such crushing season [or crushing seasons]1 as may be specified in the order. (2) The Cane Commissioner shall examine every such estimate and shall publish the name with such modifications, if any, as he may make. (3) An estimate published under sub-section (2) may be revised by an authority to be prescribed. 1. Ins. by section 2 of U.P. Act no. XXI of 1956. 2. Subs. by section 4 of U. P. Act no. IV of 1964. 3. Ins. by section.3 of U. P. Act no. 10 of 1976. 269 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 13-15] Register of 13- (1) The occupier of a factory shall maintain in the prescribed form a register cane-growers of all such cane-growers and Cane-growers' Co-operative Society or Societies, as and Cane- shall sell cane to that factory. grower's Co-operative (2) The State Government may, by rules, make provision for the following- Society of Societies (a) correction of entries made in the register and addition of new' entries, if necessary ; (b) fixing of prices in respect of the entries so corrected or added in the register and prescribing of the procedure for payment of such price ; and (c) the supply of copies of entries made in the register on payment of the prescribed fee. Power of 14- (1) The State Government may, for purposes of section 15, by order, provide survey, etc. for- (a) a survey to be made of the area proposed to be reserved or assigned for the supply of cane to a factory and .the recovery of the cost. of such survey from the occupier of the factory ; (b) the appointment of an officer for purposes of such survey, his duties and powers ; (c) the procedure in accordance with which the survey shall be made ; (d) the assistance and facilities to be provided to the officer appointed in pursuance of clause (b) by the persons owning or occupying land in the area ; and (e) such incidental and consequential matters as may appear to be necessary or desirable for this purpose. (2) Any amount due from the occupier of afactory in pursuance of clause (a) of sub section (1) shall be recoverable from such occupier as an arrear of land revenue. Declaration of 15- (1) Without prejudice to any order made under clause (d) of sub-section (2) reserved areas of section 16 the Cane Commissioner may, after consulting the Factory and Cane- and assigned growers' Co-operative Society in the manner to be prescribed - area (a) reserve any area (hereinafter called the reserved area); and (b) assign any area (hereinafter called an assigned area) ; for the purposes of the supply of cane to a factory in accordance with the provisions of section 16 during [one more crushing seasons as may be specified]1 and may likewise at any time cancel such order or alter the boundaries of an area so reserved, or assigned . 1. Insertion by section 3 of U.P. Act No. XXI of 1956. 270 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 16] (2) Where any area has been declared as reserved area for a factory, the occupier of such factory shall, if so directed by the Cane Commissioner, purchase all the cane grown in that areas, which is offered for sale to the factory. (3) Where any area bas been declared as assigned area. for a factory, the occupier of such factory shall, purchase such quantity of cane grown in that area and offered for sale to the factory, as may be determined by the Cane Commissioner. (4) An appeal shall lie to the State Government against the order of the Cane (Commissioner passed under sub-section (1). Regulation of 16- (1) The State Government may, for maintaining supplies, by order, regulate-- purchase and supply of cane (a) the distribution, sale or purchase of cane in any reserved or assigned in the reserved area; and and assigned (b) purchase of cane in any area other than a reserved or assigned -area. areas (2) Without prejudice to the generality of the foregoing powers such order may provide for- (a) the quantity of cane to be supplied by each cane-grower or Cane- grower's Co-operative Society in such area to the factory for which the area has so been reserved or assigned (b) the manner in which cane grown in the reserved area or the assigned area, shall be purchased by the factory for which the area has been so reserve or assigned and the circumstance in which the cane grown by a. cane-grower shall not be purchased except through a Cane-growers’ Co- operative Society; (c) the form and the terms and conditions of the agreement to be executed by the occupier or manager of the factory for which an area is reserved or assigned for the purchase or cane offered for sale ; (d) the circumstances under which permission may be granted- (i) for the purchase of cane grown in reserved or assigned area by a [Gur, Rab, or Khandsari manufacturing Unit or any person or factory]1 other than the factory for which area has been reserved or assigned ; and (ii) for the sale of cane grown in a reserved or assigned area to [a Gur, Rab or Khandsari Manufacturing Unit or any person or factory]1 other than the factory for which the area is reserved or assigned ; (e) such incidental and consequential matters as may appear to be necessary or desirable for this purpose. 1. Subs. by section 5(1) and 5 (2) of U.P. Act no. IV of 1964. 271 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 17-18] Payment of 17- [(1) The occupier of a. factory shall make such provision for speedy payment Cane price of the price of cane purchased by him as may be prescribed.]3 (2) Upon the delivery of cane the occupier of a factory shall be liable to pay immediately the price of the cane so supplied, together with all other sums connected therewith. [***]5 (3) Where the person liable under sub-section (2) is in default in making the payment of the price for a period exceeding fifteen days from the date of delivering, he shall also pay interest at a rate of 7 ½ per cent per annum from the said date of delivering, but the Cane Commissioner may, in any case, direct, with the approval of the State Government that no interest shall be paid or be paid at such reduced rate as he may fix. [Provided that in relation to default in payment of price of cane purchased after the commencement of this proviso, for the figures “7 ½” the figures “12” shall be deemed substituted.]6 (4) The Cane Commissioner shall forward to the collector a certificate under his signature specifying the amount of arrears on account of the price of cane plus interest if any due from the occupier and the collector, on receipt of such certificate shall proceed to recover from such occupier the amount specified therein as if it were an arrear of land revenue. [(5) (a) Without prejudice to the provisions of the foregoing sub-sections, where the owner or any other person having control over the affairs of the factory or any other person competent in that behalf enters into an agreement with a bank under which the bank agrees to give advance to him on security of sugar produced or to be produced in the factory the said owner or other person shall provide in such agreement that [a percentage determined by such authority and in such manner as may be prescribed]7 of the total amount of price of sugarcane purchased or to be purchased for the factory during the current crushing session from those cane-growers or from or through those societies, and interest thereon and, such societies commission in respect thereof. (b) Every such owner or other person as aforesaid shall send a copy of every such agreement to the Collector within a week from the date on which it is entered into.]4 Commission 18- (1) There shall be paid by the [occupier of a factory of a Gur, Rab, or on purchase of Khandsari sugar manufacturing unit]1 Commission for [every one quintal of cane cane purchased by the factory or the gur, rab or khandsari sugar manufacturing unit as the case may be]2 :- 1. Ins. by section 6 of U.P. Act no III of 1960. 2. Subs. by section 2 of U.P. Act no, XXXIV of 1961. 3. Subs. by section 6 of U.P. Act no. IV of 1964. 4. Added by section 2 of U.P. Act No. 2 of 1972. 5. Omit by s.5 (a) of U.P. Act no.7 of 1974. 6. Ins. by s. 2 of U.P. Act no 28of 1974. 7. Subs. and be deemed always to have been subs. by s 5 (b) of U.P. Act No 7 of 1974. 272 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 19] (a) where the purchase is made, through a Cane-growers' Co-operative Society, the commission shall be payable to the Cane-growers Co-operative Society and the Council in such proportion as the State Government may declare, so, however, that the share payable to the Council shall not exceed 50 per cent; and (b) where the purchase is made directly from the cane grower, the commission shall be payable to the Council: [Provided that different rates of' commission may be prescribed for a factory and for a Gur, Rab or Khandsari sugar Manufacturing Unit: Provided further that the State Government may by notification in the official Gazette remit in whole or in part such commission in respect of a factory or a Gur, Rab or Khandsari sugar Manufacturing Unit for a limited purpose specified in the notification.]1 (2) The commission payable under clauses (a) and (b) of sub section (1) shall be at such rates as may be prescribed: Provided, however, that the rate fixed under clause (b) shall not exceed the rate at which the commission may be payable to the council under clause (a). (3) The provisions relating to payment, interest and recovery, including recovery as arrears of land revenue, applicable to price of cane shall mutatis mutandis apply to payment and recovery of commission under sub-section (1). Power to 19- (1) The State Government may, by notification, declare that- declare (a) cane of any variety grown in any area specified in such notification is varieties of unsuitable for use in all or any factories situated in the said area ; cane to be unsuitable for (b) ratoon cane of any variety grown in any area specified in such use in factories notification is unsuitable for use in any or all factories situated in the said area; and (c) seed cane of any variety is unsuitable for distribution to cultivators in an area as specified in such notification. (2) The notification under sub-section (1) shall be issued after December 31, and before September 1, in any calendar year. (3) Where any seed cane of any variety has been declared under sub-section (1) to be unsuitable for distribution to cultivators in that area, the occupier of factory or any other person acting on his behalf or Cane-growers' Co-operative Society shall not distribute seed cane of such variety or varieties to any person to be used by cane- growers or the members of Cane growers’Co-operative societies in any area. (4) Where cane or ratoon cane of any variety has been declared under sub- section (1) to be unsuitable for use in a factory, the occupier of such factory or any, other person acting on his behalf or a cane­ grower or a Cane growers’Co- operative Society shall not plant cane of any variety or keep ratoon cane of any such variety. 1. Subs. by section 8 (3) of U.P. Act no III of 1960. 273 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 20-22] CHAPTER IV MISCELLANEOUS 20- [* * *]1 Determination 21- (1) Where the occupier of [a factory or a gur, rab or khandsari sugar of occupier manufacturing unit]2 is a firm or other association of individuals [not being a [for the company]4 anyone or more of the partner or member thereof may be prosecuted purposes of and punished under this Act, for any offence for which the occupier of [the section 22]3 factory or the gur, rab, or khandsari sugar manufacturing unit]2 is punishable : Provided that the firm or association may give notice to the Collector that it has nominated one of its members to be occupier of [the factory or the gur, rab or khandsari sugar manufacturing unit]2 for the purpose of [this sub-section]5 and such individual shall be deemed to be the occupier for the purpose of [this sub- section]5 until further notice cancelling his nomination is received by the Collector or until he ceases to be a partner or member of the firm or association. (2) Where the occupier of [a factory or the gur, rab or khandsari sugar manufacturing unit]2 is a company anyone or more of the directors thereof, or, in the case of a private company any one or more of the share-holders thereof may be prosecuted and punished under this Act for any offence for which the occupier of [the factory or the gur, rab or khandsari sugar manufacturing unit]2 is punishable : Provided that the company may give notice to the Collector that it has nominated a director or in the case of a private company, a share-holder to be the occupier of [the factory or the gur, rab or khandsari sugar manufacturing unit]2 for the purposes of [this sub section]5 and such director or share-holder shall be deemed to be the occupier of [the factory or the gur, rab or khandsari sugar manufacturing unit]2 for the purposes of [this sub-section]5 until further notice canceling his nomination is received by the Collector or until he ceases to be a director or share-holder. Penalties 22- If any person contravenes any of the provision of this Act or any rule or of order made thereunder, he shall be liable to imprisonment up to six months or to a fine not exceeding rupees five thousand or both and in the case of continuing contravention to a further fine not exceeding one thousand for each day during which the contravention continues. 1. Rep. by s. 9 (1) of U. P. Act no. XXII of 1956. 2. Subs. by s, 9 of U. P. Act no. III of 1960. 3. Subs. and be deemed always to have been subs. by s. 6(a) of U. P. Act VII of 1974. 4. Ins. and be deemed, always to have been inserted by s, 6(b), ibid 5. Subs. and be deemed always to have been subs. by s. 6(c) ibid. 274 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 22A-26] [Powers of 22-A (1) An Inspector specially empowered in relation to case generally or to any certain officers class of cases by the State Government, by notification, in that behalf, may to investigate investigate into any offence punishable under this Act committed within the limits into offences of the area in which such officer exercises jurisdiction. punishable under this Act (2) Any such officer may exercise the same powers in respect of such investigation as an officer in charge of a police station may exercise in a cognizable case under the provisions of Chapter XII of the Code of Criminal Procedure, 1973. Duty of 22-B Every officer of the Police, Revenue and Excise Departments shall be bound officers of to give immediate information to an Inspector of all breaches of any of the certain depart- provisions of this Act which may come to his knowledge and upon request made ments to report by an Inspector, to aid him in carrying out the provisions of this Act and the rules offences and to made hereunder.]1 assist Inspectors Institution of 23- (1) No prosecution shall be instituted under this Act except upon complaint proceedings made by or under authority from the (Jane Commissioner or the District Magistrate. (2) On the application of a person accused of an offence under this Act, the Cane Commissioner or the District Magistrate with the previous concurrence of the Cane Commissioner may at any stage compound such offence by levying a composition fee not exceeding the fine which could be imposed for such offence. (3) No Court inferior to that of a Magistrate of the second Class shall try any offence against this Act or any order or rule made thereunder. Special powers 24- Notwithstanding anything contained in section 32 of the Code of Criminal of Magistrates Procedure, 1898, it shall be lawful for a Magistrate of the First Class specially empowered by the State Government in this behalf and trying any case under this Act or any order or rule made thereunder to pass a sentence of fine not exceeding five thousand rupees on any person convicted for any offence under this Act. Protection of 25- (1) No suit, prosecution or other legal proceeding shall lie against any person action taken for anything which is in good faith done or intended to be done in pursuance of under this Act any order or rule made under this Act. (2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order or rule made under this Act. Repeal and 26- The U. P. Sugar Factories Control Act, 1938 (hereinafter in this section and saving section 27 referred to as “the said Act”) is hereby repealed: 1. Insertion by section 3 of U. P. Act no. 34 of 1976. 275 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 27-28] Provided that without prejudice to the general application of sections 6 and 24 of the U. P. General Clauses Act, 1904, with regard to repeal and continuation of appointments, notifications, orders etc. under enactment repealed and re- enacted, this repeal shall not prejudice or affect--- (a) the operation of any notice served, order made of any permit, licence or sanction granted before the commencement of this Act under the powers conferred by the said Act· (b) the continued validity of any cess, tax, fee or other penalty assessed or imposed under the said Act prior to its repeal or the power to assess or impose any such cess, tax, fee or penalty in respect of the period prior to its repeal or anything done or permitted to be done thereunder, and such cess, tax, fee or penalty may be assessed or imposed and any such thing done as if the said Act had not been repealed; (c) the continuance of a Board or Cane Development Council constituted under the said Act and the same shall, till such Board or Council has been duly constituted under and in accordance with this Act, exercise of power, duties and functions exercisable or dischargeable by it under this Act; or (d) the continued operation of any immunity, exemption or protection granted by or under the said Act : Provided further, that any area declared to be a reserved area or an assigned area under the said Act shall, unless directed otherwise or superseded by anything done or any action taken under this Act, continue in force as if declared under this Act. Transitional 27- The State Government may for the purpose of removing any difficulties in provision relation to the transition from the provisions of the said Act to this Act, by order published in the official Gazette- (a) direct that this Act shall during such periods as may be specified in the order take effect subject to such adaptations whether by way of modification, addition or omission as it may deem fit to be necessary or expedient; and (b) make such other temporary provision for the purpose of removing any such difficulty as it may deem fit to be necessary or expedient : Provided that no such order shall be made after twelve months from the commencement of this Act. Power to make 28- (1) The State Government may make rules for the purpose of carrying into rule effect the provisions of this Act. (2) Without prejudice to the generality of foregoing power, such rules may provide for- 276 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 28] (a) the establishment and constitution of the [ Council;]2 (b) the dissolution and reconstitution of the [Councils]2 and other matters incidental thereto ; (c) the procedure to be followed in removal of members of the' Council ; (d) the provisions for the conduct of business by-the [Council ;]2 (e) the manner of summoning of the annual meeting of the Council under section 6, the business to be transacted at such meetings and the procedure for the transaction of such business; (f) the manner and form in which the fund placed at the disposal of the Council under section 8 shall be maintained and the application and payment from such fund; . (g) the directions to be issued by the State Government to the Board and Councils for carrying out the purposes of this Act; (h) the duties, powers and function of the Sugar Commissioner and the Cane Commissioner ; (i) the matters relating to the appointment and other conditions of service of inspectors to be appointed under section 11 and their duties, powers and functions ; (j) the time within which applications and appeals may be presented under this Act, in cases for which no specific provision in that behalf has been made herein; (k) the fees to be paid in respect of application and appeals under this Act (l) [ * * *]1 (m) the form of the agreement to be entered into by or under the provisions of this Act and the penalty to be paid for breach of conditions of agreement ; [(n) the constitution, operation, management, supervision and audit of Councils and control of their staff and finances and conditions relating to the recognition of the U. P. Cane Unions Federation and Cane-growers' Co- operative Societies for the purposes of this Act]2 ; (o) the rate at which and the manner in which commission shall be paid to the Cane-growers’ Co-operative Society on supply of cane by them ; (p) the correct weighment of cane, the provision of facilities for weighment and for checking weighments and of timings of weighments ; (q) the provision of approach roads, parking space for carts bringing cane to factories, sheds for bullocks and cart drivers, water troughs for bullocks and other connected matters; 1- Omitted by section 7 of U. P. Act No. VII of 1974. 2- Substituted by section 134(5) of U.P. Act No. XI of 1966. 3- Subs. by section 4 of Uttarakhand Act No. 09of 2009. 277 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 28] (r) the reference to the Cane Commissioner of this disputes; [(i) regarding the business of the Cane-growers' Co-operative Societies, between the society and the factory or between a cane-grower and factory; ]1 (ii) between the Council and Cane-growers' Co-operative Societies or between the Council and the Factory or between the Council and the Cane-grower regarding the payment of contribution to the Council by the societies or the factories and any other dispute relating to the business of the Council; for decision to the Cane Commissioner or if he so directs to arbitration, the mode of appointing arbitrators, the procedure to be followed before the Cane Commissioner or the arbitrator and the enforcement of the decision of the Cane Commissioner or the awards of the arbitrator or arbitrators ; (s) the form of the statements, returns, register and other forms required to be maintained by or under this Act and the filling of such returns, statements and forms; (t) the form and the manner in which application shall be made for various purposes by or under this Act; (u) the duties of any officer or authority having jurisdiction under this Act and the procedure to be followed by such officer or authority ; and (v) the matters which are to be or may be prescribed. (3) The rules made under this section shall come into force from a date to be appointed by the State Government. (4) All such rules shall be laid before the State Legislature when it meets immediately after their enforcement and shall be subject to such omissions, alterations and additions as the Legislature may make, 1. Substituted by section 134(5) of U.P. Act No. XI of 1966.