ACT XXII OF 1950
NORTH-WEST FRONTIER PROVINCE SUGAR FACTORIES CONTROL ACT, 1950
11th April 1950
No. 1581-L. D,---The Act of the North-West Frontier Province Legislative Assembly having been assented to by the Governor, North-West Frontier Province, on the 5th April 1950, is hereby published for general information. Whereas it is expedient to provide for regulating the supply of sugarcane 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:-
- Short title, extent and commencement.-(1) This Act may be called the North-West Frontier Province Sugar Factories Control Act, 1950.
(2) It extends to the Peshawar and Mardan districts, but the Provincial Government may, by notification in the Official Gazette, extend to it such other parts of the Province as it may deem necessary from time to time.
(3) It shall come into force at once.
- 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 subsection 1 of section 14;
(b) "Board" means the Sugarcane Control Board established under section 3 ;
(c) "Cane" means sugarcane intended for use in a factory;
(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 a society registered under the Co-operative Societies Act, 1912 (Act II of 1912), 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 processes 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 other 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 ;
(1) "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.
NORTH-WEST FRONTIER PROVINCE SUGAR FACTORIES CONTROL ACT, 1950
- Sugarcane Control Board.-The Provincial Government may, by notification establish a Sugarcane Control Board for the Province.
ACT XXII OF 1950
Constitution of the Board.-The Board shall consist of a Sugarcane 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.
Powers and duties of the Board.---The Board shall exercise and perform such powers and duties as may be prescribed, and its business shall be conducted in such manner and accordance with such procedure as may be prescribed.
Appointment of Cane-Commissioner.---(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.
(2) The Cane-Commissioner shall be deemed to have powers of a Collector under the Punjab Land Revenue Act, 1887, and the Punjab Tenancy Act, 1887, as applicable to this Province.
- Appointment of Inspectors.-(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.
(2) No person shall be appointed to be an Inspector in subsection (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.
Notice of Crushing.-The occupier of a factory shall send a notice to the Cane-Commissioner in the prescribed form intimating him of his intention to start crushing, one clear month before the crushing starts.
Estimate of quantity of cane required by factory.---(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, as may be specified in the order.
(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 published under subsection (2) at any time without consulting the Board.
- Declaration of Reserved Area.-(1) The Cane-Commissioner may, after consulting the Board, issue an order declaring any area to be a reserved area for the purposes of the supply of cane to a particular factory during a particular crushing season. or 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 subsection (1) to the Provincial Government.
- Survey of Reserved Area.-(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 subsection (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 subsection (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 subsection (1) shall be recoverable from such occupier as an arrear of land revenue.
Maintenance of Register.-The occupier of a factor 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.
Purchase of Cane in a Reserved Area.-(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-growers' 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-growers' Co-operative Society.
(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 subsection (1), provided that he shall not purchase or enter into an agreement to purchase cane from a person who is a member of a Cane-growers' 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-growers' Co-operative Society may deliver cane intended for a factory through another cane-grower of that area, or through a carrier.
(5) During the crushing season, 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 outsaid the reserved area until the occupier of the factory enters into agreements to purchase all the cane offered to him in the reserved area.
- Declaration of Assigned areas and Purchase of Cane therein.(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.
(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-growers' 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 such that 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 prescribe-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 subsection (i) or subsections (ii) and (vi) to the Provincial Government.
- Purchase of cane outside Reserved Area.-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 ; (b) a purchasing agent or a person employed by him for the purpose of making such purchases ; or (c) a Cane-growers' Co-operative Society. (d) A Cane-grower for bona fide seed purpose.
Provided that a person entitled to purchase cane,. may take delivery thereof through a cane-grower or through a carrier.
- Power of Provincial Government to fix minimum price.-(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 (i).
(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 Canegrower 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-growers' Co-operative Society has agreed to supply, such additional price as the Provincial Government may direct.
Licensing of purchasing agents.-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 agents unless he is licensed in the prescribed manner.
Distribution of seed-cane by factories -(i) The occupier of a factory or any other person acting on his behalf shall not distribute cane of any variety to any person to be used by cane-growers or the members of Cane-growers' Co-operative Societies if the Provincial Government after consulting the Board, has by an order published in the Gazette, declared that such variety of seed-cane is unsuitable for distribution to cultivators.
(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-cane on such conditions and in such manner as it may prescribe in every case.
- Determination of occupier for purposes of this Act.----(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) When 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.
Appointment and removal of Factory Staff.-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 of other staff shall be subject to the approval of the Cane-Commissioner.
Penalties.-(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 up to 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.
- Institution of proceedings.- (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.
(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.
(vi) (a) No suit, prosecution or other legal proceeding shall lie against the Provincial Government or any of its servants for anything which is in good faith done or intended 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.
- Powers to make Rules.-(1) The Provincial Government may make rules to carry out the provisions of this Act.
(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 thereunder 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 places 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 therein and the fees to be charged for the same.