S.1 Short title, extent and duration.-

       (1) This Act may be called the Bihar Molasses (Control) Act, 1947.
       (2) It extends to the whole of the State of Bihar:
       (3) 1[ x x x ]
       1. Omitted by Act 1 of 1964.

S.2 Definitions.-

       In this Act, unless there is anything repugnant in the subject or context:-
       (a) 'Controller' means the Excise Commissioner as defined in clause (7) of Section 2 of the Bihar & Orissa Excise Act, 1915 (B. & O. Acts II of 1915);
       (aa) 'Excise Officer' shall have the same meaning as is assigned to it by the Bihar and Orissa Excise Act, 1915;
       (b) 'Manager' in relation to a Sugar Factory, means the manager of the factory appointed under section 13 of the Bihar Sugar Factories Control Act, 1937 (Bihar Act VII of 1937);
       (c) 'Molasses' means final residual by-product of factories manufacturing sugar from cane or by refining gur, by means of vaccum pans but does not include convertible molasses, which are the final residual by-product of sugar factories opera

S.3 Submission of returns by occupiers of factories and stockists.-

       Every owner, manager or occupier of a factory and every stockist shall furnish to the Controller within the time and in the manner specified by the Controller such returns relating to stocks of molasses as the Controller may, by order from time to time, direct.

S.4 .

       1[4. No molasses produced in the State nor any molasses held by the stockists in this State, shall, without the permission of the Controller, be moved by rail, road or river from any place in the State to any other place therein:
       1. Subs. by Act 7 of 1985.
       Provided that where an agreement or contract for the supply of molasses has been entered into in accordance with the provisions of section 5, when the Controller has issued direction under section 6, permission for such movement shall not be refused by the Controller:
       Provided further that the Controller shall not issue movement order for any molasses except on payment of the permit fee by the person desiring to move molasses, as may be prescribed by State Government from time to time by notification in the Official Gazette:
  &

S.5 Occupiers of factories and stockists not to enter into agreement except with the permission of Controller.-

Notwithstanding anything contained in any other law far the time being in farce, no owner, manager or occupier of a factory or stockist shall enter into any agreement or contract, express or implied, with any person, other than the Government or a person, firm, company or association, licensed by the Controller in its behalf far the supply of molasses, except with the permission of the Controller and subject to such terms and conditions as the Controller may from time to time impose.

S.6 Power of Controller to issue directions.-

The Controller may, from time to time, issue directions to the owner, manager or occupier of any factory or to any stockist to supply molasses to the State Government or to such distillery or distilleries or to such persons or organisations at such times and in such manner as may be specified in the directions.

S.7 Compliance with directions issued by Controller.-

       Every owner, manager or occupier of a factory and every stockist shall notwithstanding any agreement or contract, express or implied, between such producer or stockist and any other person made before or after the commencement of this Act, give priority to and comply with any direction which may from time to time, be issued to him under section 6, for supply of molasses to the State Government or distilleries.

S.8 Price of molasses.-

       No owner, manager or, occupier or a factory or stockist shall sell molasses at prices exceeding those prescribed in Schedules A and B to this Act during the period respectively specified therein:
       Provided that the State Government may, from time to time, amend Schedule B by a notification in the Official Gazette, if such amendment is necessary by reason of any variation having occurred in the cost of storage of molasses or loading or shunting charges.

S.8(a) 1[8-A. Imposition of administrative charges on molasses.-

       Notwithstanding anything contrary contained in section 8, the State Government may, in such manner and at such rates as from time to time may be prescribed, impose an any sale or supply of released molasses, charge for meeting the cost of establishment or supervision and control over such releases and such charge shall be recoverable from the person to wham such sale or supply is made:
       1. Ins. by Act 25 of 1977.
       Provided that the State Government may exempt or, reduce charges in respect of released mal asses to the distilleries outside the State of Bihar.
       Explanation.--far the purpose of the Act, any transfer of released molasses from a sugar factory to its own distillery far captive consumption shall be deemed to be supply."]

S.8(b) .

       1[8-B. No stockist of molasses shall engage in the business of sale or re-sale of molasses and hold stocks for that purpose except under the terms and conditions of a licence granted by the Controller of Molasses in the form prescribed and subject to payment of licence fee as prescribed by the State Government from time to time.]
       1. Ins. by Act 25 of 1977.

S.8(c) 2[8-C. Funds for regulation of adequate storage facilities in respect of molasses.-

       .-(i) Every owner, occupier and manager of sugar factory shall, far the purposes of construction and maintenance, of adequate facilities far the storage of molasses, place in a separate fund such amount calculated at the rate as may be prescribed by the Government by notification:
       2. Ins. by Act 7 of 1985.
       Provided that the amount as aforesaid shall not exceed one-third of the price received in accordance with the rate prescribed in the Schedule referred to in section 8-A.
       (ii) The fund referred to in sub-section (i) above shall be accounted for, maintained and operated in the manner prescribed by rule framed in that behalf.]

S.9 Act not to apply to certain molasses.-

       Nothing in this Act shall apply to molasses which are the property of the Government nor to their transport under and in accordance with Military Credit Notes and excepting the provisions of section 8, noting in this Act shall apply to any contract or agreement to which the State Government is a party.

S.9(a) Disposal of adulterated or deteriorated molasses as waste.-

The contents of any tank or pit intended for the storage of molasses, not being molasses having a density of not less than 80 brix and a fermentable sugar content (expressed as reducing sugars) of not less than 37 per centum shall, if the Controller by order in writing so directs, be disposed of as waste or in such manner as may be specified in the order.

S.9(b) Prohibition of adulteration of molasses.-

An owner, manager or occupier of a factory or a stockist or any other person shall not adulterate molasses having a density or not less than 80 brix and a fermentable sugar content (expressed as reducing sugar) of not less than 37 per centum and shall allow free access to any Excise Officer deputed by the Controller to his factory or place of business and afford such officer every facility for inspection of such premises.

S.9(c) Provisions of storage tanks, etc.-

       If any owner, manager or occupier of a factory or stockist is, by order, required by the Controller to construct tanks or other receptacles for the storage of molasses within the precincts of his factory or place of business, it shall be the duty of such owner, manager, occupier or stockist -
       (a) to provide such tanks or receptacles within such time and in conformity with such specification as may be specified in the order.
       (b) to keep the tanks or receptacles in a proper state of repairs, and
       (c) to take all reasonable precautions to ensure that the molasses stored in such tanks or receptacles does not deteriorate in quality on account of any intake of water or due to any other preventiable cause.

S.9(d) Provision of residential accommodation for excise officers.-

       If any owner, manager or occupier of a factory or stockist is, by order, required by the Controller to provide residential accommodation for an excise officer deputed by the Controller to his factory or place of business it shall be the duty of such owner, manager, occupier or stockist to provide the accommodation within such time and on such terms including payment of rent thereof as may be specified in the order and to keep such accommodation in a proper state of repairs.

S.9(e) Power of entry, seizure and inspections.-

       .-(a) Any police or excise officer, not below the rank of sub-inspector, or any other officer empowered in this behalf by the Controller may, subject to such restrictions and exceptions, if any, as may be imposed by the Controller-
       (a) enter, inspect or search at any time, by day or night, any place of premises, vehicles or vessels in which, he has reason to believe that any molasses, in respect of which an offence punishable under this Act or any rule or order made thereunder has been or is about to be, committed, is kept or concealed or is in transit;
       (b) seize or remove molasses together with any boxes, receptacles, packages or coverings thereof held in contravention of the provisions of this Act or any rule or order made thereunder; and
       (c) detain in custody or arrest any person who has co

S.9(f) Offences under this Act to be cognizable and bailable.-

       (1) An offence under this Act or any rule, order or direction made or issued thereunder shall be cognizable and bailable.
       (2) No Court shall take cognizance of any offence punishable under this Act or any rule, order or direction made or issued thereunder except on a report in writing of the facts constituting such offence made by a police or excise officer not below the rank of sub-inspector or any other officer empowered in this behalf by the Controller.

S.10 Penalty.-

       If any person contravenes any provision of, or fails to comply with any order or direction issued under this Act or the rules made thereunder, or makes any false statement regarding any matter in respect of which he is required under this Act or the said Rules to give information he shall be punishable with imprisonment of either description for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both.
       Any Court trying a contravention of the provisions of sections 4, 6, 8, 9-A and 9-B may direct that any molasses in respect of which the Court is satisfied that any of the said provisions has been contravened, shall be forfeited to Government:
       Provided that a contravention of the provision of section 8, if made before the commencement of the Bihar Molasses (Control) Third (Amendment) Act, 19

S.11 Effect of provisions inconsistent with other enactments.-

The provisions of the Act shall have effect notwithstanding anything inconsistent therewith contained in any other enactment.

S.12 Protection of action under the Act.-

       (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act.
       (2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act.

S.13 Power to make rules.-

       .-(1) The State Government may, by notification make rules to carry out the purposes of this Act.
       (2) In particular and without prejudice to the generality of the foregoing power, such rules may-
       (a) prescribe the specifications and tests in respect of the purity of molasses;
       (b) regulate the sale and price of molasses intended for use in distilleries or for other purposes;
       (c) prescribe conditions in respect of storage, loading and transport of molasses at factories;
       (d) prescribe the forms and returns to be submitted, and the records and books to be maintained, by factories;
       (e) prescribe the manner in which molasses produced in factories shall be graded, mar

S.14 Repeal and saving.-

       .-(1) The Bihar Molasses (Control) Ordinance, 1946 (Bihar Ordinance 1 of 1946) is hereby repealed.
       (2) Any rule, order, notification, direction or permit made, issued given or granted or deemed to be made, issued, given or granted under the said Ordinance and in force immediately before the commencement of this Act shall continue in force and be deemed to be a rule, order, notification, direction or permit made, issued, given or granted under this Act; and anything done and any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of powers conferred by or under this Act as if this Act had commenced on the 1st October, 1946.

Sch.A SCHEDULE A

       SCHEDULE A
       (See Section 8).
       Price per Quintal of molasses including loading and shunting charges payable during the period prior to the first day of January, 1959.
       (i) Sugar factories in North Bihar … 85 P.
       (ii) Sugar factories in South Bihar … 50 P.

Sch.B 1[SCHEDULE 'B'

       1. Subs. by S.O. 91 dated 18.1.1996.
       (See Section 8)
       Price for different grades of molasses payable to Sugar Factories :-
       Grade of Percentage of total sugar Price per quintal of molasses payable
       Molasses contents (expressed as to sugar factories including loading,
       reducing sugar) shunting & storage charges.
       1 2 3
       Grade I 50 percent and above Rs.45/- (Rs. Forty five) per quintal.
       Grade II 45 percent to 49.99 percent Rs. 40/-(Rs. Forty) per quintal
       Grade III 40 percent to 44.99 percent Rs. 30/- (Rs. Thirty) per quinta