CONTENTS
1. Short title and commencement
2. Amendment of section 2 of Act XXII of 1950
3. Substitution of section 8 of Act XXII of 1950
4. Amendment of section 13 of Act XXII of 1950
5. Insertion of section 13-A in Act XXII of 1950
6. Amendment of section 14 of Act XXII of 1950
7. Amendment of section 21 of Act XXII of 1950
8. Amendment of section 22 of Act XXII of 1950
9. Amendment of section 23 of Act XXII of 1950
10. Repeal
THE SUGAR FACTORIES (CONTROL) (AMENDMENT) ACT 2021
(V of 2021)
[17 May 2021]
An Act to amend the Sugar Factories (Control) Act, 1950.
It is necessary to amend the Sugar Factories (Control) Act, 1950 (XXII of 1950) to ensure payments to the Cane-growers in a timely and transparent manner,
and to make provisions for the ancillary matters. Be it enacted by Provincial Assembly of the Punjab as follows: 1. Short title and commencement.– (1) This Act may be cited as the Sugar Factories (Control) (Amendment) Act 2021.
(2) . It shall come into force at once.
2. Amendment of section 2 of Act XXII of 1950.– In the Sugar Factories (Control) Act, 1950 (XXII of 1950), for brevity referred to as ‘the Act’, in section 2, after clause (f), the following clause (ff) shall be inserted: “(ff) “Cane Purchase Receipt (CPR)” means receipt of cane purchased by an occupier of a factory or a purchasing agent mentioning weight and price for cane purchased from 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;”.
3. Substitution of section 8 of Act XXII of 1950.– In the Act, for section 8, the following shall be substituted:
“8. Crushing.– The occupier of a factory shall start crushing of cane not later than 30th November each year.”.
4. Amendment of section 13 of Act XXII of 1950.– In the Act, in section 13:
(a) for subsection (2), the following shall be substituted:
“(2) The occupier of a factory shall purchase cane from a cane grower or a Cane Growers Co-operative Society, as the case may be, against Cane Purchase Receipt (CPR) at the rate notified under section 16 of the Act, and shall make payment to the cane grower: provided that the occupier of a factory shall not purchase cane from a person who is a member of a Cane Growers Co-operative Society.”; and
(b) subsection (5) shall be omitted.
5. Insertion of section 13-A in Act XXII of 1950.– In the Act, after section 13, the following section 13-A shall be inserted:
“13-A. Liability of the occupier of a factory.– (1) The occupier of sugar factories shall clear the cane payment before 30th of June, following the crushing season.
(2) An appeal shall lie to the Secretary Food against any order passed by the Cane Commissioner or Additional Cane Commissioner.”
6. 7. 8. Amendment of section 14 of Act XXII of 1950.– In the Act, in section 14:
(a) for clause (ii), the following shall be substituted:
“(ii) The occupier of a factory shall purchase cane from a cane grower or a Cane Growers Co-operative Society or a purchasing agent, duly authorized by the Cane Commissioner, and shall issue Cane Purchase Receipt (CPR) to the cane grower or the Cane Growers Co-operative Society, as the case may be:
Provided that the purchasing agent nominated by the occupier of a factory shall also issue Cane Purchase Receipt (CPR) of the sugar factory for purchase of cane from the cane grower as may be prescribed.”;
(b) for clause (iii), the following shall be substituted:
“(iii) If the occupier of a factory enters into an agreement with a purchasing agent for purchase of cane, the purchasing agent shall issue Cane Purchase Receipt (CPR) of the sugar factory for purchase of cane from cane grower and shall be liable to pay to the cane grower for the cane purchased from him through a bank as may be prescribed.”; and
(c) clause (iv) shall be omitted.
7. Amendment of section 21 of Act XXII of 1950.– In the Act, in section 21:
(a) for clause (a), the following shall be substituted:
“(a) Subject to clause (aa), any person contravening the provisions of this Act or any order or rule made thereunder shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five million rupees but shall not be less than one million rupees or with both: provided that the fine shall not be less than five million rupees in case of a repeated offence”;
(b) for clause (b), the following shall be substituted:
“(b) Offences under the Act shall be non-cognizable and bailable.”.
8. Amendment of section 22 of Act XXII of 1950.– In the Act, in section 22: (a) clauses (i) and (ii) shall be omitted; and
(b) in clause (iii), for the expression “Magistrate of the 1st Class”, the expression “Magistrate Section 30” shall be substituted.
9. Amendment of section 23 of Act XXII of 1950.– In the Act, in section 23, in subsection (4), for the expression “sections 8 and”, the word “section” shall be substituted.
10. Repeal.– The Sugar Factories (Control) (Amendment) Ordinance 2020 (XIII of 2020) and the Sugar Factories (Control) (Second Amendment) Ordinance 2020 (XIV of 2020) are hereby repealed.
0 Comments