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THE [KHYBER PAKHTUNKHWA] SUGAR FACTORIES CONTROL ACT, 1950.
(Act NO. XXII OF 1950).
CONTENTS.
PREAMBLE
SECTIONS.
1.
Short title, extent and
commencement.
2.
Definitions.
3.
Sugar-cane Control Board.
4.
Constitution of the Board.
5.
Powers and duties of the Board.
6.
Appointment of Cane-Commissioner.
7.
Appointment of Inspectors.
8.
Notice of Crushing.
9.
Estimate of quantity of Cane
required by Factory.
10.
Declaration of Reserved Area.
11.
Survey of Reserved Area.
12.
Maintenance of Register.
13.
Purchase of Cane in a Reserved
Area.
14.
Declaration of Assigned areas and
Purchase of Cane therein.
15.
Purchase of cane outside Reserved
area.
16.
Power of Provincial Government to
fix minimum Price.
17.
Licensing of Purchasing Agents.
18.
Distribution of Seed Cane by
Factories.
19.
Determination of occupier for purposes
of this Act.
20.
Appointment and removal of Factory
Staff.
21.
Penalties.
22.
Institution of Proceedings.
23.
Powers to make Rules.
THE
[KHYBER PAKHTUNKHWA] SUGAR
FACTORIES CONTROL ACT, 1950.
(Act
NO. XXII OF 1950).
(Received the assent of the Governor, [Khyber Pakhtunkhwa],
on the 5th April,1950).
AN
ACT
to provide for the regulated supply of sugarcane 1[and sugar beet]
to
the Sugar Factories.
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WHEREAS it is expedient to provide for regulating the supply of sugarcane [and
sugar beet] intended for use in such factories and the price at which it may
be purchased and for such other matters as may be incidental thereto:
It is
hereby enacted as follows :-
[1.
(1) This Act may be called the [Khyber Pakhtunkhwa] Sugar
Factories Control Act, 1950.
(2) It extend to the whole of the Province of
the [Khyber Pakhtunkhwa] except the Tribal Areas].
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Preamble.
Short title and
extent.
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2.
In this Act, unless there is anything
repugnant in the subject or context :-
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Definitions.
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(a) "assigned
area" means an area assigned to a factory under sub-section
(1) of Section 14;
[(b)
"Board" means the sugarcane and sugar beet Control Board established
under Section 3;
(c) "Cane"
means sugarcane intended for use in a factory and includes the sugar-beet;]
(d) "Cane
Commissioner" means the officer appointed to be cane Commissioner
under Section 6;
(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 member of a Cane-growers'
Co-operative Society;
(f)
"Cane-growers Co-operative
Society" means society registered under the Co-operative Societies Act,
1912, (Act II of 1912), [or
the Sindh Co-operative Societies Act, 1925) one of the objects of which is to
sell cane grown by its members;
(g) "Collector"
in any provision of this Act includes any officer whom the Governor may, by
notification, appoint to exercise and perform the powers and duties of a
collector under that provision;
(h) "Crushing
season" means the period beginning on the 1st October in any year and
ending on the 30th June next following;
(i)
"Factory" means any
premises, including the precincts thereof, wherein twenty or more workers are
working or were working on any day of 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 power:
(j)
"Inspector" means an
Inspector appointed under Section 7 of the Act and includes an ex-officio or
additional Inspector;
(k) "Occupier
of a factory" means the person who has ultimate control over the affairs
of a factory:
Provided that where the affairs of a factory are entrusted to a managing agent,
or a Managing Director or a Director in-charge, such managing agent, Managing
Director or Director in-charge shall be deemed to be the occupier of the
factory;
(l)
"Prescribed" means
prescribed by rules;
(m) "purchasing
agent" means a person licensed under this Act to act as a purchasing
agent;
(n) "Reserved
area" means an area specified in an order issued under Section 10;
(o) "Rule"
means a rule made under this Act;
[(p)
"Slicing season" means the period beginning on the 15th April, in any
year and ending on the 31st July, next following].
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3.
The Provincial Government may, by notification establish a Sugar-cane [and
Sugar-beet] Control Board for the Province.
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Sugar-cane control Board.
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4.
The Board shall consist of a [Cane]
Commissioner, who shall be the chairman of the Board and such and so many
members from the cane-growers, factory owners and servants of the State, as
may be prescribed.
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Constitution the Board.
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5.
The Board shall exercise and
perform such powers and duties as may be prescribed, and its business shall
be conducted in such manner and in accordance with such procedure as may be
prescribed.
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Powers and duties of
the Board.
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6.
(1) The Provincial Government may, by
notification, appoint any officer, not below the status of a Collector, to be
the Cane Commissioner to exercise and perform, in addition to the powers and
duties conferred and imposed on him by this Act such powers and duties as may
be prescribed from time to time.
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Appointment of Cane
commissioner.
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(2) The Cane-Commissioner shall be deemed to have powers of a Collector under
the [West
Pakistan Land Revenue Act, 1967 ] and the [Khyber Pakhtunkhwa] Tenancy
Act, 1950] [or
any other enactment relating to land revenue and tenancy in force in any
part of the Province.
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[6-A.
The Provincial Government may, by notification, appoint the Collector to be
an Additional Cane Commissioner to exercise such powers and perform such
duties and functions of the Cane Commissioner, within the district or any
part thereof, as may be specified.
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Appointment of
Additional Cane Commissioner.
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7. (1)
The Provincial Government may, by notification, appoint such persons as it
thinks fit, to be Inspectors for the purposes of this Act within such local
limits as it may assign to them respectively.
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Appointment of
Inspectors.
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(2) No person shall be appointed to
be an Inspector under sub-section (1) or, having been so appointed, shall continue
to hold office, who is or becomes directly or indirectly interested in a
factory or in any process or business carried on therein or in any patent or
machinery connected therewith.
(3) Every
Inspector, who shall be deemed to be a public servant within the meaning of the
Pakistan Penal Code, shall be officially subordinate to such authority as the
Provincial Government may specify in this behalf, and shall exercise such
powers and duties as may be prescribed from time to time.
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[8.
The occupier of a Factory shall send a
notice to the Cane Commissioner in a prescribed form intimating
him of his intention to Start Crushing or Slicing one clear month before the
crushing or, as the case may be, Slicing starts:
Provided
that the occupier shall start crushing by a date not later than 30th
November, and Slicing by a date not later than 15th May, each year].
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Notice of Crushing or
Slicing.
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9.
(1) The Cane Commissioner may, by order, require the
occupier of any Factory to submit to him on or before a date to be fixed by
him an estimate in the prescribed form and manner of the quantity of the
cane, which will be required during such crushing season [or
Slicing Season as the case may be] as may be specified in the order.
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Estimate of quantity
of Cane required by Factory.
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(2) The Cane Commissioner shall examine every such estimate and shall publish
the same in the prescribed manner with such modifications, if any as he may
think fit to make therein after consultation with the Board.
(3) The Cane Commissioner may revise an estimate under sub-section (2) at
any time without consulting the Board.
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10.
(1) The Cane Commissioner may, after
consulting the Board, issue an order declaring any area to be reserved area
for the purposes of the supply of cane to a particular factory during a
particular crushing season [or
Slicing Season] of seasons, and may likewise, at any time, cancel such order
or alter the boundaries of an area so reserved.
(2) An
appeal shall lie against the order of the Cane Commissioner under sub-section
(1) to the [Commissioner
of the Division
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Declaration of Reserved
Area.
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11.
(1) The Provincial Government may order a
survey to be made of the area proposed to be reserved for or assigned to a
factory] and may recover the cost of such survey from the occupier of such factory.
(2) Every
survey mentioned in sub-section (1) shall be made by an officer appointed by
the Provincial Government for this purpose, and the said officer shall
exercise and perform such powers and duties in making such survey as may be
prescribed and the survey shall be made in accordance with the prescribed
procedure.
(3) Every person owning or occupying land in any area in respect of which a
survey is being made under sub-section (2) shall afford to the officer making
the said survey such assistance and facilities for making the said survey as
may be prescribed.
(4) Any
amount due from the occupier of a Factory under sub-section (1) shall be
recoverable from such occupier as an arrear of land revenue.
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Survey of Reserved
Area.
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12.
The occupier of a Factory for the purposes of which an area has been
reserved, shall maintain a register in the, prescribed form and manner
of all cane growers and Cane-Growers Co-operative Societies in such area.
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Maintenance register.
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13.
(1) A cane-grower or a Cane-Growers'
Co-operative Society in a reserved area may, if required to do so by the Cane
Commissioner shall, offer in the form and by the date prescribed, and supply
to the occupier of the Factory, for which the area is reserved, such quantity
of cane grown by the cane-grower or by the members of such Cane-Grower's
Co-operative Society, as the case may be as is generally prescribed for, or
specially directed by the Cane Commissioner, for such cane grower or
Cane-Grower's Co-operative Society.
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Purchase of cane in Reserved
Area.
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(2) The occupier of a Factory,
for which an area is reserved, shall enter into an agreement in such form by
such date and on such terms and conditions as may be prescribed to purchase the
cane offered in accordance with sub-section (1); provided that he shall not
purchase or enter into an agreement to purchase cane from a person who is
member of Cane-Grower's Co-operative Society.
(3) Unless the Provincial
Government otherwise directs, cane grown in a reserved area shall not be
purchased by a purchasing agent or by any person other than the occupier of the
Factory, for which such area has been reserved except by another grower for the
bona fide purpose of seed.
(4) Cane grown in a
reserved area shall not be sold by any person other than a cane- grower or a
Cane-Growers' Co-operative Society, provided that a cane-grower or a
Cane-Grower's Cooperative Society may deliver cane intended for a factory
through another cane-grower of that area, or through a carrier.
(5) During the crushing
season [or
the slicing season as the case may be], the Provincial Government may, if it is
satisfied that there is likely to be in the area reserved for a Factory any
quantity of cane available for sale to the occupier of the Factory in excess of
the quantity for which he is required to enter into an agreement, direct that
cane shall not be purchased outside the reserved area until the occupier of the
Factory enters into agreements to purchase all the cane offered to him in the
reserved area.
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[13-A.
Notwithstanding anything to the contrary contained in this Act or any other
law for the time being in force, the Provincial Government may, where it
considers necessary by notification in the official Gazette, direct that the
total supply of Cane or a specified percentage thereof to a factory from its
assigned or reserved, area or any part thereof shall be made through a
Cane-Grower's Co-operative Society only. On any such direction the occupier
of the factory shall not, to the extent of the quantity or the percentage
specified in the notification, purchase or enter into an agreement to
purchase cane from any source other than a Cane-Grower's Co-operative
Society].
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Restriction on supply
of Cane.
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14.
(i) The Cane Commissioner may, after
consulting the Board, issue an order declaring an area to be an assigned area
for the purposes of the supply of cane to a particular factory.
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Declaration of
Assigned area and purchase of Cane therein.
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(ii)
The occupier of a Factory, for which an area has been assigned, shall enter
into an agreement with cane-growers in the assigned area or Cane-Grower's
Co-operative Society or purchasing agents for the purchase in the assigned area
of such quantity of cane by such date and in such form and on such terms and
conditions as may be prescribed by the Cane Commissioner, provided that such
agreement shall not be entered into with a person who is a member of Cane
-Growers' Co-operative Society.
(iii) If
such an agreement is entered into with the purchasing agent, he shall enter
into agreement with Cane-Growers in the assigned area or Cane-Growers'
Societies in respect of all the cane which he has undertaken to supply.
(iv)
If the cane-growers or Cane Growers' Co-operative Societies in the assigned
area are not willing to enter into agreements to supply, the Cane Commissioner
may, by an order in writing require them to do so on such terms and conditions
as may be prescribed by him, which order shall be legally binding on the
cane-growers or the Cane-Growers' Co-operative Societies, as the case may be.
(v)
In the event of failure to supply the requisite quantity of cane, the occupier
of the Factory or the Purchasing agent, may, after giving the prescribed notice
to the Cane Commissioner, purchase the balance of the cane required from
outside the assigned area, unless otherwise directed by him.
(vi)
An appeal shall lie against the order of the Cane Commissioner under sub-section
(i) or sub-sections (ii) and (iv) to the [Commissioner
of the Division].
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[14-A.
The Cane Commissioner may, by an order in writing, prohibit the
cultivation in any reserved area by cane-growers or Cane Growers'
Co-operative Societies of any variety of [cane
] declared by the Provincial Government under section 18 to be
unsuitable for distribution]
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Power of cane
Commissioner to prohibit cultivation of unsuitable varieties of sugar-cane.
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15. In
any area, other than a reserved area, no person shall purchase cane except-
(a)
the occupier of a Factory or a person employed by him for the purpose of
making such purchases;
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Purchase of cane
outside Reserved Area.
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(b) a purchasing agent or a person
employed by him for the purpose of making such purchase; , or
(c)
a Cane-Growers' Co-operative,
Society; (d) A Cane grower for bonafide seed purpose:
Provided
that a person entitled to purchase cane, may take delivery thereof through a
cane grower or through a carrier.
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16.
(i) The Provincial Government after consultation with the Board, may by
notification, determine in respect of any area the minimum price to be paid
by occupiers of Factories or purchasing agents for cane purchased in
that area either generally or related to the sugar contents of the cane or
direct that such minimum price shall be calculated in the manner
prescribed.
(ii) The
Provincial Government may from time to time vary, by notification, the price
fixed under subsection (1).
(iii) The
occupier of a Factory or a purchasing agent shall not make any deduction from
the amount due for cane sold to him by a Cane-grower or a Cane-Growers'
Co-operative Society, except such deductions as may be prescribed or as the Provincial
Government may, by notification, from time to time, allow.
(iv) The
Provincial Government may after consultation with the Board by notification,
direct that in addition to the minimum price to be paid for cane, the
occupier of a factory shall pay for special varieties of cane to be specified
in the notification and which the cane grower or Cane Growers' Co-operative
Society has agreed to supply, such additional price as the Provincial
Government may direct.
(v)
The Provincial Government may direct the factories to pay to the Provincial
Government or to growers a premium to be known as quality premium at the end
of a crushing /slicing season at such rate as may be specified in proportion
to the sucrose recovery of each factory in excess of base level sucrose
contents determined by the Provincial Government from time to time.
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Power of Provincial
Government to fix Minimum price.
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17.
No person or class of persons shall be employed by an occupier of a Factory
or by a purchasing agent to do any work or class of work in connection
with any transaction for the purchase of cane and no person shall exercise
any of the powers conferred by or under this Act on a purchasing agent,
unless he is licensed in the prescribed manner.
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Licensing of
Purchasing Agents.
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18.
(i) The occupier of a Factory or any other
person acting on his behalf shall not distribute [seed]
of any variety to any person to be used by [seed]
growers or the members of Cane-Growers' Cooperative Societies if the
Provincial Government after consulting the Board, has by an order published
in the Gazette,
declared that such variety of [seed]
is unsuitable for distribution to cultivators.
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Distribution of seed
cane by Factories.
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(ii) The Provincial Government may, on the recommendations of the Board require
the occupier of a Factory to distribute in an area reserved for the Factory
such variety of [seed]
on such conditions and in such manner as it may prescribe in every case.
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19.
(1) Where the occupier of a Factory is a firm or other association of
individuals, any one of the individual partners or members
thereof may be prosecuted and punished under this Act for any offence
for which the occupier of the Factory is punishable:
Provided
that the firm or association may give notice to the Collector that it has
nominated one of its members to be the occupier of the factory for the
purposes of this Act and such individual shall be deemed to be the occupier
for the purposes of this Act 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
occupier of a factory is a company, any one of the directors thereof, or in
the case of a private company, any one of the share-holders thereof, may be
prosecuted and punished under this Act for any offence for which the occupier
of the factory 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 shareholder, to be the
occupier of the factory for the purposes of this Act and such director or
share-holder shall be deemed to be the occupier of the factory for the
purposes of this Act, until further notice cancelling his nomination is
received by the Collector or until he ceases to be a director or
share-holder.
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Determination of
“occupier” for purposes of this Act.
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20.
The occupier of a factory shall have to employ a Cane Superintendent and such
staff as may be prescribed by the Provincial Government, on the
recommendations of the Cane Commissioner, to regulate, arrange and supervise
the purchase of cane for the factory. The appointment and the award of
punishment including removal from service of Cane Superintendent and other
staff shall be subject to the approval of the Cane Commissioner.
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Appointment and
removal of Factory Staff.
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21.
(a) Any person contravening the provisions of this Act or any
order or rule made thereunder shall be punishable with imprisonment for a
period extending upto six months or with fine which may extend to Rs. 10,000
or with both.
(b)
Offences under the Act shall be bailable and non-cognizable.
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Penalties.
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22.
(i) No prosecution
shall be instituted under this Act, except upon a complaint made by or under
the authority, from the Collector or Cane Commissioner.
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Institution of
Proceedings.
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(ii) On the application of a person
accused of an offence under this Act, the Cane Commissioner or the Collector
may with the previous approval of the Provincial Government, compound such
offence by levying a composition fine not exceeding two times the fine which
could be imposed for such offence at any stage before conviction.
(iii) No
court inferior to that of a Magistrate of the 1st Class shall try any offence
under this Act or any order or rule made thereunder.
(iv) (a) No suit, prosecution or other legal
proceeding shall lie against the Provincial Government or any of its servants
for any thing which is in good faith done or intend ed to be done under this
Act or the rules framed thereunder.
(b) The
exercise of any discretion or authority conferred on the Provincial Government
or the Board or the Cane Commissioner by this Act shall not be questioned in
any Civil Court.
(c) The
Provincial Government may delegate all or any of its powers under this Act, to
any officer not below the status of a Collector.
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23. (1)
The Provincial Government may make rules to carry out the provisions of this
Act.
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Power to make Rules.
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(2) In particular and without prejudice to the generality of the
foregoing powers, such rules may provide for the constitution, powers, duties
and procedure of the appointment of the Cane Commissioner and Inspectors and
the powers and duties to be exercised and performed by them.
(3) The
authorities by which any functions under this Act or the rules made there under
are to be performed.
(4)
The form in which the notices required by Sections 8 and 14 (v) should be
given.
(5) The
form, manner and date for the submission of estimates mentioned in Section 9,
and the manner in which and the pacesl at which such estimates should be
published.
(6) The procedure to be followed for
making a, survey under section 11, the powers to be exercised by survey
officers and the assistance to be afforded by owners and occupiers of land to
the officers making such survey.
(7) Records, registers and accounts and the
submission of returns, the supply of copies of entries there in and the fees to
be charged for the same.
Substituted
by N.W.F.P. Ord. No. VII of 1976, s.12 and Act No. VIII of 1976 s.12.
Substituted
by N.W.F.P. Ord. No. VII of 1976, s.12 and Act No. VIII of 1976 s.12.
Substituted
by N.W.F.P. Ord. No. VII of 1976, s.12 and Act No. VIII of 1976 s.12.
Substituted
by N.W.F.P. Ord. No. VII of 1976, s.12 and Act No. VIII of 1976 s.12.
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