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

U.P. Act XXIV of 1953

October 9, 1953

To regulate the supply and purchase of sugarcane required for use in sugar 1[Factories and Gur, Rab or Khandsari Sugar Manufacturing Units] WHEREAS it is expedient to regulate the supply and purchase of sugarcane required for use in sugar 1[Factories and Gur, Rab or Khandsari Sugar Manufacturing Units] and other connected matters; IT is hereby enacted as follows: 1. Substituted by Section 2 of U.P. Act no. III of 1960

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S.8-A- Supersession of Council

¹[If at any time, the State Government is, after taking into consideration the 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.]

S.8-B- Motion of Non-Confidence against Chairman

¹[Section 8-B.
Motion of Non-Confidence against Chairman
span(1) A Motion expressing non-confidence against the Chairman of a Cane Development Council shall be made and preceeded with, in accordance with such procedure as may be prescribed.
(2) When a motion for non-confidence is carried the Chairman against whom it is carried shall cease to hold office forthwith and shall be succeeded by his/her elected successor who shall be elected according to sub-section (3-A) of section 5 of this Act.]

S.22-A- Powers of certain officers to investigate into offences punishable under this Act

¹[(1) An Inspector specially empowered in relation to cases generally or to any class of cases by the State Government, by notification in that behalf, may investigate into any offence punishable under this Act committed within the limits of the area in which such officer exercises jurisdiction.
(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.]

S.22-B- Duty of officers of certain departments to report offences and to assist Inspectors

¹[Every officer of the Police, Revenue and Excise Departments shall be bound to give immediate information to an Inspector of all branches of any of the provisions of this Act which may come to his knowledge and upon request made by an Inspector, to aid him in carrying out the provisions of this Act and the rules made thereunder.]

S.Chapter I PRELIMINARY

S.1 Short title, extent and commencement.

(1) This Act may be called the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953.

(2) It extends to the whole of Uttar Pradesh.

(3) It shall come into force at once.

S.2 Definitions.

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;
• (b) 2[***];
• (c) "Cane" means sugarcane intended for use in a factory 3[or gur, rab or khandsari sugar manufacturing unit];
• (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 members of his family or by hired labour and who is not a members of a Cane-Growers' Co-operative Society;
• (f) "Cane-growers' Co-operative Society" means a 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" inc
  

S.Chapter II ADMINISTRATIVE MACHINERY

S.3 Sugarcane Board.

13[***]

13. Omitted by Section 3 of U.P. Act no. XVII of 2006 with effect from 30.05.2006

S.4 Functions of the Board.

14[***]

14. Omitted by Section 3 of U.P. Act no. XVII of 2006 with effect from 30.05.2006

S.5 The Development Council.

(1) There shall be established for the reserved area of a factory a Cane Development Council (hereinafter called the Council) which shall be body 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 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 its 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 shall be called a zone.

(3) 15[The Council shall consist of the following, namely:-

• (i) two representatives of the su
  

S.6 Functions of the Council.

(1) Functions of the Council shall be-

• (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, can 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 and 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 Cane Commissioner; and
• (g) to perform other prescribed functions pertaining and conducive to the general development of the zone.

(2) The State Government may by rul

S.7 Casual vacancy.

A casual vacancy in the Council shall be filled up, as far as may be, in the manner stated in sub-section (3) of Section 5.

S.8 Council Fund.

(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 Sugarcane Committee;
• (b) grants, if any made by the State Government;
• (c) contributions made by the sugar factories, 22[Gur, Rab or Khandsari Sugar Manufacturing Units] 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.

22. Inserted by Section 6 of U.P. Act no. III of 1960 with effect from 30.01.1960

S.8-A Supersession of Council.

23[If at any time, the State Government is, after taking into consideration the 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.]

23. Inserted by Section 3 of U.P. Act no. X of 1976 with effect from 17.09.1975

S.8-B Motion of Non-Confidence against Chairman

24[(1) A Motion expressing non-confidence against the Chairman of a Cane Development Council shall be made and preceeded with, in accordance with such procedure as may be prescribed.

(2) When a motion for non-confidence is carried the Chairman against whom it is carried shall cease to hold office forthwith and shall be succeeded by his/her elected successor who shall be elected according to sub-section (3-A) of section 5 of this Act.]

24. Inserted by Section 2 of U.P. Act no. 19 of 2020 with effect from 22.05.2020

S.9 Sugar Commissioner and Cane Commissioner.

The State Government may for purpose of this Act appoint-

• (a) a Sugar Commissioner; and
• (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 Sugar Commissioner and the Cane Commissioner.

S.10 Additional, Deputy or Assistant Cane/Sugar Commissioner.

25[The State Government may appoint any person or designate any Government Officer as Additional, Deputy or Assistant Cane Commissioner or Additional, Deputy or Assistant Sugar Commissioner.]

25. Substituted by Section 4 of U.P. Act no. IV of 1964 with effect from 12.02.1964

S.11 Inspectors.

(1) The State Government may for purposes of this Act appoint any person 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 Inspectors shall perform the duties and exercise the powers conferred or imposed upon them by or under this Act.

S.Chapter III SUPPLY AND PURCHASE OF CANE

S.12 Estimates of requirements.

(1) The Cane Commissioner, may for purposes of Section 15, by order, 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 26[or crushing seasons] as may be specified in the order.

(2) The Cane Commissioner shall examine every such estimate and shall publish the same 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.

26. Inserted by Section 2 of U.P. Act no. XXI of 1956 with effect from 23.06.1956

S.13 Register of Cane-growers and Cane-growers’ Co-operative Society or Societies.

(1) The occupier of a factory shall maintain in the prescribed form a register of all such cane-growers and Cane-growers’ Co-operative Society or Societies, and shall sell cane to that factory.

(2) The State Government may, by rules, make provision for the following-

• (a) correction of entries made in the register and addition of new entries if necessary;
• (b) fixing of prices in respect of 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.

S.14 Power of survey etc.

(1) The State Government may, for purposes of Section 15, by order provide for-

• (a) a survey to be made of the area proposed to be served 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 for 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 a factory in pursuance of Clause (a) of sub-section (1) shall be recoverable from such occupier as an arrear of land revenue.

S.15 Declaration of reserved area and assigned area.

(1) Without prejudice to any order made under Clause (d) of sub-section (2) of Section 16 the Cane Commissioner may, after consulting the Factory and Cane-growers' Co- operative Society in the manner to be prescribed:

• (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 27[one or more crushing seasons as may be specified] and may likewise at any time cancel such order or alter the boundaries of an area so reserved or assigned.

(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 area, which is offered for sale to the factory.

(3) Where any area has been declared as assigned area for a factory, the occupier of such factor

S.16 Regulation of purchase and supply of cane in the reserved and assigned areas.

(1) The State Government may, for maintaining supplies, by order, regulate-

• (a) the distribution, sale or purchase of any cane in any reserved or assigned area; and
• (b) purchase of cane in any area other than a reserved or assigned area.

(2) Without prejudice to the generality of the foregoing powers such order may provide for-

• (a) the quantity of cane to be supplied by such Cane-grower or Cane-growers' 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 reserved 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 fo
  

S.17 Payment of cane price.

30[(1) The occupier of a factory shall make such provision for speedy payment of the price of cane purchased by him as may be prescribed.]

(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, 31[X X X]

(3) Where the person liable under sub-section (2) is in default in making the payment of the price for period exceeding fifteen days from the date of delivering, he shall also pay interest at a rate of 7½ 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;

32[Provided that in relation to default in payment of price of cane purchased after the commencement of this proviso, for the figures ‘7½’ the ‘figures 12’ shall be deemed substituted.]<

S.18 Contribution purchase of cane.

37[(1) There shall be paid by the occupier of a factory or a Gur, Rab or Khandsari Sugar Manufacturing Unit a contribution for every one maund of cane purchased by the factory or a Gur, Rab or Khandsari sugar manufacturing unit as the case may be-

• (a) where the purchase is made through a Cane-growers' Co-operative Society, the contribution shall be payable to the Cane-growers' Society and the council in the capital/fund there of in such proportion as the State Government may declare, so, however, that the share payable to the Council shall not exceed fifty per cent; and
• (b) where the purchase is made directly from the cane-grower, the contribution in the fund shall be payable to the Council;

Provided that different rates of contribution 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

S.19 Power to declare varieties of cane to be unsuitable for use in factories.

(1) The State Government may, by notification, declare that -

• (a) cane of any variety grown in any area specified in such notification is unsuitable for use in all or any factories situated in the said area;
• (b) ratoon cane of any variety grown in any area specified in such 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 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 a 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 ca

S.Chapter IV MISCELLANEOUS

S.20 Tax on sale of cane

38[***]

38. Repealed by Section 9 (1) of U.P. Act no. XXII of 1956

S.21 Determination of occupier for the purposes of Section 22.

(1) Where the occupier of 39[a factory or Gur, Rab or Khandsari Sugar Manufacturing Unit] is a firm or other association of individuals 40[(not being a company)], any one or more of the partners or members thereof may be prosecuted and punished under this Act, for any offence for which the occupier of 39[the factory or the Gur, Rab or Khandsari Sugar Manufacturing Unit] 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 39[the factory or a Gur, Rab or Khandsari Sugar Manufacturing Unit] for the purpose of 41[this sub-section] and such individual shall be deemed to be the occupier for the purpose of this sub-section 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 is a company or a Gur, Ra

S.22 Penalties.

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 42[one lakh rupees] or both and in the case of continuing contravention to a further fine not exceeding 43[five thousand] for each day during which the contravention continues.

42. Substituted by Section 2 of U.P. Act no. V of 2021 with effect from 31.12.2020

43. Substituted by Section 2 of U.P. Act no. XXXIII of 2007 with effect from 20.11.2007

S.22-A Powers of certain officers to investigate into offences punishable under this Act.

44[(1) An Inspector specially empowered in relation to cases generally or to any class of cases by the State Government, by notification in that behalf, may investigate into any offence punishable under this Act committed within the limits of the area in which such officer exercises jurisdiction.

(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.]

44. Inserted by Section 3 of U.P. Act no. XXXIV of 1976 with effect from 18.11.1976

S.22-B Duty of officers of certain departments to report offences and to assist Inspectors.

Every officer of the Police, Revenue and Excise Departments shall be bound to give immediate information to an Inspector of all branches of any of the provisions of this Act which may come to his knowledge and upon request made by an Inspector, to aid him in carrying out the provisions of this Act and the rules made thereunder.

S.23 Institution of proceedings.

(1) No prosecution shall be instituted under this Act except upon complaint made by or under authority from the Cane 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.

S.24 Special powers of Magistrates.

Notwithstanding anything contained in Section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for 45[Chief Judicial Magistrate or Chief Metropolitan Magistrate as the case may be, or Additional Chief Judicial Magistrate or Additional Chief Metropolitan Magistrate] 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 46[one lakh rupees] on any person convicted for any offence under this Act.

45. Substituted by Section 3 of U.P. Act no. XXXIII of 2007 with effect from 20.11.2007

46. Substituted by Section 3 of U.P. Act no. V of 2021 with effect from 31.12.2020

S.25 Protection of action taken under the Act.

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of 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.

S.26 Repeal and saving.

The U.P. Sugar Factories Control Act, 1938 (hereinafter in this section and Section 27 referred to as "the said Act") is hereby repealed:

Provided that without prejudice to the general application of Section 6 and 24 of the U.P. General Clauses Act, 1904, with regard to repeal and continuation of appointments, notification, orders, etc., under enactment repealed and re-enacted, this repeal shall not prejudice or affect-

• (a) The operation of any notice served, order made or 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 any such thing don
  

S.27 Transitionary provisions.

The State Government may for the purpose of removing any difficulties in 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.

S.28 Power to make rules.

(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of foregoing power, such rules may provide for-

• (a) The establishment and constitution of the 47[Council];
• (b) The dissolution and reconstitution of the 47[Councils] and other matters incidental thereto;
• (c) The procedure to be followed in removal of members of the 47[Council];
• (d) The provisions for the conduct of business by the 47[Council].
• (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