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The Karnataka Sugarcane (Regulation of Purchase and supply) Act, 2013
(Karnataka Act 33 of 2013)
kar072
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Object & Reasons6 |
(a) "Board" means the Sugarcane Control Board constituted under section 3;
(b) "Commissioner for Cane Development and Director of Sugar" means an officer appointed by the State Government to perform the duties and functions of Commissioner for Cane Development and Director of Sugar;
(c) "Crushing season" means such period during which sugarcane is crushed normally as the State Government in consultation with the Board may, by notification, specify;
(d) "Deputy Commissioner" means the Deputy Commissioner of concerned revenue district;
(e) "Factory" means a sugar factory wherein twenty or more workers are working or were working on any day of the preceding twelve months in any part of such sugar factory where any manufacturing process connected with the production of sugar is being carried on or is ordinarily carried on with the aid of power;
(f) "Government" means the Government of Karnataka;
(g) "Khandsari sugar manufacturing unit" means a unit engaged or ordinarily engaged in the manufacture or production of khandsari sugar with the aid of a crusher driven by any mechanical power by open pan process;
(h) "Occupier of a factory" means the person who has control over the affairs of a factory or khandsari sugar manufacturing unit and where the said affairs are entrusted to the managing agent, such agent;
(i) "Prescribed" means prescribed by rules made under this Act;
(j) "Reserved area" means an area notified under the Sugarcane (Control) Order, 1966;
(k) "State" means the state of Karnataka;
(l) "Sugarcane" means Sugarcane intended for use in a sugar factory or khandsari sugar manufacturing unit;
(m) "Sugarcane-grower" means a person including a tenant who cultivates sugarcane either by himself or through members of his family or through hired labours.
(n) "Sugar season" means the year commencing on the first day of the October and ending with thirtieth day of September next year.
3. Sugarcane Control Board. - (1) The State Government shall as soon as may be, after the commencement of this Act, constitute a Sugarcane Control Board (hereinafter referred to as the Board), for the State to perform such duties and functions assigned in this Act. (2) The board shall consist of the following members, namely:-|
(a) |
The Minister in charge of Sugar |
Chairman |
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(b) |
The Minister in charge of Agriculture |
Co- Chairman |
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(c) |
Secretary-II, Finance Department (Expenditure) or his nominee not below the rank of Deputy Secretary |
Member |
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(d) |
Secretary to Government, Commerce and Industry Department |
Member |
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(e) |
Agricultural Commissioner |
Member |
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(f) |
not more than five farmers representatives nominated by the State Government from any sugarcane growers |
Members |
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(g) |
not more than five members nominated by the State Government from among the persons running Sugar Factories |
Members |
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(h) |
Commissioner for Cane Development and Director of Sugar |
Member Secretary |
(a) becomes an un discharged insolvent; or
(b) is convicted and sentenced to imprisonment for an offence which in the opinion of the Government involves moral turpitude; or
(c) becomes of unsound mind, stands so declared by a competent court; or
(d) refuses to act or becomes incapable of acting.
(8) The Board shall meet at least thrice in a year commencing before starting of the crushing season, after closure of the crushing season and at the end of the sugar season. The Member Secretary of the Board may subject to the control of the Chairman thereof convene meetings as often as may be necessary and shall do so when required by one-third of the members. (9) When the office of non-official member nominated to the Board becomes vacant by resignation, death, removal or otherwise, the Government shall nominate within three months a new member to fill such vacancy and such new member shall hold office for the remaining period of the term of office of the member in whose place he has been nominated. (10) No proceedings of the Board shall be rendered invalid for the mere fact that there was one or more unfilled vacancy in the Board at the time of such proceedings were made. 4. Functions of the Board. - The functions of the Board shall be,-(a) to recommend ways and means of maintaining healthy relations between occupier of the factory and cane growers.
(b) to offer advice on any matter which be referred to it by the Government or the Commissioner for Cane Development and Director of Sugar, especially in respect of the regulation of the purchase of sugarcane;
(c) to bring to the notice of the Commissioner for Cane Development and Director of Sugar, cases of breach of any of provisions of the Act and of the rules made there under and to make suggestions for the prevention of the same;
(d) to advice the Government regarding suitability or otherwise of cane varieties for cultivating in different regions; and
(e) to advice the Commissioner for Cane Development and Director of Sugar, in the sugarcane development work.
(f) to decide sugarcane price on revenue sharing basis taking into consideration actual revenue realised from sugar, bagasse, molasses and press-mud.
5. Power to declare varieties of cane to be un-suitable for use in factories. - The Government may, on the recommendations of the Sugarcane Control Board, declare any variety of sugarcane grown in any area specified in such notification as un-suitable variety , and no factory shall purchase such sugarcane variety so declared . 6. Prohibition of distribution of certain varieties of seeds. - The occupier of the factory or any other person acting on his behalf, shall not distribute to any person in any area or shall not plant, sugarcane seed of any variety if the same has been declared by the Government as unsuitable under section 5. 7. Purchase of sugarcane in reserved area. - (1) A sugarcane-grower in reserved area may sell sugarcane grown to the occupier of the factory to which the area is so reserved. (2) The factory shall enter into an agreement with a cane-grower in such form, by such date on such terms and conditions as specified in clause 6 of the Sugarcane (Control) Order, 1966 for the purpose of purchasing the sugarcane offered in accordance with sub-section(1). (3) No person other than the factory aforementioned shall purchase or enter into an agreement to purchase sugarcane grown by the sugarcane grower except in accordance with agreement under sub-section (2). 8. Weighment. - (1) All dealings and contracts in connection with the purchase and supply of sugarcane shall be made according to the metric system of weights and multiples or sub-multiples thereof, and all weighments shall be made by means of weigh-bridge or scale and recorded correctly to the nearest 1/20th of quintal. (2) No scales or weights shall be used, kept or possessed by or on behalf of the occupier of the factory which are inaccurate or which do not permit an easy reading of the recorded weight by the vendors of sugarcane which are not according to the metric system of weights and multiples and sub-multiples thereof to the nearest 1/20th of a quintal: Provided that a margin of error up to five kilograms or one percent, whichever is less, in weighment cannot be considered: Provided further that a weigh-bridge shall not be deemed to be incorrect which weighs within one per cent of the correct weight and cannot be adjusted more correctly. (3) All scales and weights used, shall be kept open to inspection or examination at all reasonable times without notice and the occupier shall make available all scales weights for such inspection or examination whenever required by the sugarcane growers or any other officer of the Government authorised. (4) Deductions not more than that allowed by Central Government on the net weight of sugarcane purchased, shall be allowed as binding materials. (5) Weighments of sugarcane shall not be made more than half-an-hour after sunset unless adequate lighting arrangement are made at the weigh-bridge by the occupier of the factory. (6) The occupier of a factory shall cause the time of arrival and departure of each cart, tractor, lorry or any vehicle to be recorded in the farmers pass book. (7) The occupier of factory make at all purchasing centers adequate arrangements to the satisfaction of the Commissioner for Cane Development and Director of Sugar-(a) regulating the entry and parking to avoid congestion;
(b) roads and approach roads to the weigh-bridges; and
(c) cattle sheds and troughs.
(d) Canteen, drinking water, first aid centre and other basic amenities
(8) Any representative of cane growers shall be allowed to be present at the time of weighment of sugarcane at any weigh-bridge to watch or check weighment and examine records in which weights are recorded; (9) In no case, sugarcane be purchased without actual weighment and such part of the mechanism of a weigh-bridge by which its adjustment is controlled shall be kept suitably sealed or locked; (10) All weigh-bridge or scales at purchasing centers shall be tested at least a week in the presence of any person nominated by the Commissioner for Cane Development and Director of Sugar in this behalf and record of such tests shall be properly maintained. Any sugarcane grower who wish to be present at the time of testing shall also be allowed; (11) Excess sugarcane brought by a cane grower to the extent of ten per cent of the weight specified in the unit wise requisition slip shall be accepted and there shall be no objection to the acceptances of less weight up to any extent. 9. Payment to sugarcane growers. - (1) As soon as sugarcane is supplied to the occupier of a factory, the factory shall be liable to pay the price of sugarcane supplied within fourteen days to the sugarcane growers. (2) Payment shall be made on the basis of the recorded weight of the sugarcane at the factory. The price of the sugarcane to be payable be calculated to the nearest rupee. (3) An occupier of a factory shall be liable to make for all payments due for sugarcane purchased by him and if such occupier of the factory fails to make payments, the occupier of such factory shall be responsible for making such payments with interest as specified in Sugarcane (Control) Order, 1966 thereon from the date such payment falls due . 10. Penalty. - If any person contravenes any of the provisions of this Act, or any rule made there under, he shall be punishable with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees or with both. 11. Cognizance of Offence. - No court shall take cognizance of any offence punishable under section 10, except on a complaint made by an officer authorized by the Commissioner for Cane Development and Director of Sugar and no court inferior to that of a Magistrate of First Class, shall try any such offence. 12. Power to compound offences. - (1) On the application of a person accused of an offence under this Act or the rules made there under, the Commissioner for Cane Development and Director of Sugar or any other officer authorized in this behalf may accept from him a sum of money not exceeding ten thousand rupees by way of composition for such offence at any stage before the judgement in the case has been pronounced. (2) When the Commissioner for Cane Development and Director of Sugar, compounds an offence under this section, the occupier of factory or any other person shall not be liable for prosecution in respect of such offence or to any further penalty under section 10. 13. Offences by Companies, Firms and Partnerships. - Where the occupier of a Sugar factory is a Company, Firm or a Partner or a Society or Other Association, any one or more of the partners or members or directors thereof, as the case may be, shall be prosecuted and punished for any offence committed under this Act. 14. Commissioner of Cane Development and Director of Sugar to be public servant. - The Commissioner of Cane Development and Director of Sugar and every Officer appointed under this Act shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860. 15. Protection of acts done in good faith. - No suit, prosecution or other legal proceedings shall lie against Government or any Officer or Official for anything which is done in good faith or intended to be done in pursuance of any provisions of this Act or any rule or order made there under. 16. Power to make rules. - (1) The Government may make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for:-(a) the procedure of transactions of Business of the Sugarcane Control Board;
(b) the form in which any notice required shall be given.
(3) the form of agreement to be entered into for the purchase of sugarcane, the date by which such agreement should be made and the terms and conditions thereof; (4) the correct weighment of sugarcane, the provision of facilities for weighment and for checking weighments and timings of weighments; and (5) any other matter which is to be or may be prescribed under this Act. The above translation of PÀ£ÁðlPÀ PÀ§Äâ (Rjâ ªÀÄvÀÄÛ ¸ÀgÀ§gÁdÄ ¤AiÀÄAvÀæt) C¢ü¤AiÀĪÀÄ, 2013 (2013 gÀPÀ£ÁðlPÀ C¢s¤AiÀĪÀÄ ¸ÀASÉå: 33) be published in the Official Gazette under clause (3) of Article 348 of the Constitution of India.
