LEVY SUGAR PRICE EQUALISATION FUND ACT, 1976
(1) This Act may be called the Levy Sugar Price Equalisation Fund Act, 1976.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,--
(a) "controlled price" means the price of the relevant grade of levy sugar, determined from time to time under sub-section (3C) of section 3 of the Essential Commodities Act, 1955 (10 of 1955), or under the Defence and Internal Security of India Rules, 1971, in relation to any year of production;
(b) "excess realisation", in relation to each grade of levy sugar,--
(i) means the price realised by any producer, on the sale of levy sugar of such grade, in excess of--
(a) the controlled price, or
(b) where any fair price has been fixed by a court for levy sugar of such grade, such fair price, and
(ii) includes a
(1) There shall be established a Fund, to be called the Levy Sugar Price Equalisation Fund.
(2) Save as otherwise1[provided in sub- section (5)], there shall be credited to the Fund, in such manner as may be prescribed,--
(a) the amounts representing all excess realisations made by the producers, irrespective of whether such excess realisations were made before or after the commencement of this Act;
(b) the amounts representing any loans which may be advanced, or grants which may be made, by the Central Government for carrying out the objects of the Fund.
(3) Save as otherwise1[provided in sub- section (5)], every producer shall,--
(a) in the case of an excess realisation made before the commencement of t
If any question arises as to whether any producer has realised, on the sale of levy sugar, any amount in excess of the controlled price, or, as the case may be, the fair price, it shall be decided by the Central Government after giving an opportunity to such producer of being heard and after making such inquiry as that Government may deem fit.
Where any amount is credited to the Fund under section 3,1[the producer concerned] shall, upon such crediting, be discharged from the liability to make repayment of such amounts to the persons entitled thereto and such discharge from liability to make repayment shall be without any prejudice to any penalty which may be imposed on such producer for each excess realisation made by him.
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1. Substituted for "the producer by whom such amount is credited" by the Levy Sugar Equalisation Fund (Amendment) Act, 1984, w.e.f. 23-08-1984.
(1) Where any amount is credited to the Fund, a refund shall be made from the Fund to the buyer of levy sugar from whom any excess realisation was made by the producer or dealer:
Provided that no buyer shall be entitled to claim a refund under this sub- section if he,--
(a) being a wholesale dealer, had passed on the incidence of such excess over the controlled or fair price of levy sugar to the retail dealer by whom the price of such sugar was paid, of
(b) being a retail dealer, had passed on the incidence of such excess over the controlled or fair price of levy sugar to the consumer by whom the price of such sugar was paid. 1[or]
1[(c) being a person who is not a wholesale dealer or a retail dealer had passed on the incidence of such excess over t
Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no amount, representing excess realisations made by a producer or excess realisations made by a producer under the cover of any guarantee given by any person shall be paid to any producer.
(1) Any money paid into the Fund, which remains unclaimed after the expiry of the period of six months from the date on which it is credited to the Fund, shall vest in the Central Government and such amount shall be utilised by that Government in such manner as may be prescribed having regard to the interests of the consumers of levy sugar as a class and the need to ensure that the retail price of levy sugar throughout India is uniform:
Provided that, notwithstanding the vesting of such money in the Central Government, a claim for the refund of money standing to the credit of the Fund may be made [in the manner specified in sub-section (2) of section 6] at any time by a buyer who is lawfully entitled to make such claim, and every such claim, if admitted, shall be dealt with as if the money relatable to such claim had not vested in the Central Government.
The Central Government may, if it is satisfied that it is expedient or necessary so to do for carrying out the provisions of this Act, by an order, direct any producer to maintain such books of account and other records in relation to levy sugar as it may think fit and to produce such books of account and other records for inspection and may also direct such producer to furnish such information relating to levy sugar as may be specified in the order.
(1) Any authority specified by the Central Government in this behalf may, if it is satisfied that any provision of this Act has been, or is being, or is about to be, contravened, authorise any person to enter and search any premises where any accounts, books, registers and other documents relating to levy sugar and belonging to, or under the control of, a producer or his agent, are maintained or kept for safe custody.
(2) The person so authorised may seize any such accounts, books, registers or other documents if he has any reason to believe that a contravention of this Act has been, or is being, or is about to be, committed:
Provided that the accounts, books, registers or other documents seized under this section shall not be retained in custody of the Central Government for a period exceeding ninety days:
&nb
If any producer makes any default in crediting to the Fund1[any excess realisation made by him, or any interest due on such excess realisation or any part of such excess realisation or interest, such excess realisation or such interest or such part], as the case may be, shall be recoverable by the Central Government from such producer as an arrear of land revenue.
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1. Substituted for "any excess realisations made by him or any part thereof, such excess realisations or such part" by the Levy Sugar Equalisation Fund (Amendment) Act, 1984, w.e.f. 23-08-1984.
The Central Government may, by notification in the Official Gazette, declare that, with effect from such date as may be specified in the notification, the Fund shall cease to exist and thereupon all the amounts lying to the credit of the Fund shall be credited to the Central revenues and refund, if any, made, by the Central Government, after such cesser, to any buyer of levy sugar shall be treated as an order for the refund of revenue.
(1) If any producer--
(a) makes any default in crediting to the Fund any excess realisations made by him or any part thereof,1[any excess realisation made by him or any interest due on such excess realisation or any part or such excess realisation or interest] or
(b) having been required by the Central Government so to do, omits or fails to--
(i) maintain any books, accounts or other records in relation to levy sugar, or
(ii) maintain any books, accounts or other records for inspection, or
(iii) furnish any information or furnishes any information which is incorrect or false in material particulars,
he shall be punishable with imprisonment for a term which may
If any difficulty arises in giving effect to any provision of this Act, the Central Government may make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary to remove the difficulty.
No suit, prosecution or other legal proceeding shall lie against the Central Government or any person authorised by the Central Government for anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder.
(1) The Central Government may make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the manner in which amounts shall be credited to the Fund under section 3;
(b) the form in which an application for refund, referred to in section 6, shall be made;
(c) the manner in which amounts standing to the credit of the Fund shall be utilised, as required by section 8;
(d) the form in which the account and the relevant records, referred to in sub-section (3) of section 8, shall be maintained;
(e) any other matt
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