(1) This order may be called the Sugar (Control) Order, 1966.
(2) It extends to the whole of India.
(3) It shall come into force at once.
In this Order, unless the context otherwise requires:
(a) Bulk consumer means Halwai, Sweetmeat seller or a confectioner
(aa) Indian Sugar Standard Grades means the grades repressented by the standard sealed samples of sugar in bottles issued by the Director, National Sugar Institute, Kanpur, conforming to the standrds prescribed by the Indian Standards Institutions;
1[(aaa) 'importer' means a person engaged in the business of buying sugar from any country other than India and selling the same in India.]
(b) Producer means a person carrying on the business of manufacturing sugar;
(c) 'Recognised dealers means a person carrying on the business of purchasing selling or distributing sugar, and licensed under the order relating to licensing of sugar dealers for the time being in force in a State or Union territory;
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1. Inserted by Notification No. GSR436(E) dt 14.07.1999
Power to Regulate Production of Sugar
The Central Government may, by order published in the official Gazette, direct that no susugar shall be manufactured from sugarcane except and in accordance with the conditions specified in a licence issued in this behalf, whether on payment of a fee or otherwise.
4[***]
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4. Omitted by the Sugarcane (Control) Amendment Order, 2010 vide Order No. SO33(E)/Ess.Com./Sugarcane dated 07.01.2010.
"2[Power to restrict sale, etc. of sugar by producers or importers.
The Central Government may direct that no producer or importer shall sell or agree to sell or otherwise dispose of, or deliver or agree to deliver any kind of sugar or remove any kind of sugar from the bonded godowns of the factory in which it is produced or from the warehouses of the importers except under and in accordance with a direction issued in writing by the Central Government :
Provided that this clause shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause (e) of Section 2 of the Reserve Bank of India Act, 1934 (2 of 1934) or any corresponding new bank constituted under Section 3 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (5 of 1970) and no such bank shall sell the sugar pledged to it except under and in accordance with a direction issued in writing by the Central Government.]"
2. Substituted by Notification No. GSR436(E) dt 14.07.1999 for the following:-
Power to Restrict Sale, etc. of Sugar by Producer
The Central Government may direct that no producer shall sell or agree to sell or otherwise dispose of or deliver or agree to deliver any kind of sugar or remove any kind of sugar from the bonded godowns of the factory in which it is produced, except under and in accordance with a direction issued in writing by the Central Government. Provided that this clause shall not affect the pledging of such sugar by any producer in favour of any scheduled bank as defined in clause (e) of Section 2 of the Reserve Bank of India Act, 1934 (No. 2 of 1934) or any corresponding new bank and Transfer of Undertakings) Act, 1970 (5 of 1970), had no such bank shall sell the sugar pledged to it except under and in accordance with a direction issued in writing by the Central government.
The Central Government may, from time, to time, by general or special order, issue to any 3[producer or importer] or recongnised dealer, or any class of 3[producer or importer] or recongnised dealers, such direction regarding the production, maintenance of stock, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of (any kind of sugar) as it may deem fit,
TOC
Sugar attached by goverment officers, etc., not to be sold without directions
Where any stock of sugar with any 3[producer or importer] or recognised dealer is attached or seized
(i) by any offer of the Central or a State Gornment in accordance with the provisions of any enactment for the time being in force, or
(ii) in pursuance of any proceeding in a civil court, the sugar so attached or seized shall not be ordered to be sold unless the officer or court is satisfied that directions have been issued by the Central Government under clause 5 regarding the sale of such sugar.
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3. Substituted by Notification No. GSR436(E) dt 14.07.1999 for the word producer.
The Central Government may, by general or special order, direct that no person shall transport or offer or accept for transport whether by road, rail or water all or (any kind of sugar) except under:-
(a) A General or special permit issued in this behalf
(b) A military Credit Note:
Provided that nothing in this clause shall apply to the transport of sugar not exceeding one kilogram as part of the personal luggage of a bona fide traveler
(a) The Central Government may prescribe the quality of sugar in terms of Indian Sugar Standard Grades to which all or kind king of sugar should conform at the time of delivery in pursuance of the direction issued to a producer under clause (f) of sub-section (2) of section (3) of the Essential Commodities Act, 1955 or clause (5) of this order.
(b) When the Central Government is of the opinion that any stock of sugar with any producer is below any of the Indian Sugar Standard Grades of sugar, it may direct the producer to reprocess the said stock with a view to conform to one or more of the Indian Sugar Standard Grades of sugar or to sell it only to bulk consumers for use in the manufacture of their products.
-(***) OMITTED BY G.S.R. 1747/ESS. COM./SUGAR, DATED 16th NOV. 1967.
-UTILISATION OF SUGAR TAKEN DELIVERY OF IN PURSUANACE OF AN ORDER UNDER SECTION 3 (2) (F) OF ACT
Where any person, class of persons or organisation takes delivery of sugar from any producer in pursuance of a direction made under clause (f) of sub-section (2) of Section 3 of the Act, such person, class of persons or organisation, as the case may be shall:
(i) Utilise the sugar so taken delivery of for the purspose for which such delivery was taken and for no other purpose.
The Central Government or any person authorised in this behalf by the Central Government may with a view of securing compliance with this order, or to satisfy itself that any order or direction issued under this order is complied with:-
(a) require any 3[producer or importer] or recognised dealer to furnish within such period or at such intervals as may be specified, such information, returns or reports and in such forms as may be required, and
(b) prescribe the manner in which accounts of any sales, purchases or other transactions of sugar should be kept.
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3. Substituted by Notification No. GSR436(E) dt 14.07.1999 for the word producer.
1.Any officer authorised by the Central Government in this behalf may:-
(a) direct any 3[producer or importer] or recongnised delaer to maintain such records as he may specify;
(b) direct any 3[producer or importer] or recognised dealer to furnish such information as he may require;
(c) inspect or authorise any person to inspect any books or any documents or stocks of sugar belonging to or under the control of a 3[producer or importer] or a recognised dealer;
(d) enter and search or authorise any person to enter and search:-
(i) any place where sugar is manufactured including the machinery installed therein
(ii) Any place in which there is reason to believe that sugar is stored in contravention of the order;
(e) draw or authorise any person to draw, in accordance with the procedure laid down in clause 12, samples for examination:-
(i) from any stock of sugar belogning to, or under the control of a producer or recognised dealer;
(ii) from any consignment of sugar in the couse of its delivery or despatch by a producer;
(f) Stop and searh or authorise any person to stop and search:-
(i) any person transporting sugar; or
(ii) any vehicle, vessel or other conveyance used or capable of being used for the transport of sugar, in contravention of this order:
(g) seize or authorise the seizure of any sugar in respect of which he has reason to believe that a contravention of this order has been, is being or is about to be committed, along with the packages, coverings or receptacles in which sugar is found or the animals, v ehicles, vessels, or other conbeyances used in carrying such sugar and thereafter take or authorise the taking of all measures necessary for securing the production of such packages, coverings, receptacles, animals, vehicles, vessels, or other conveyances in a court and for, their safe custody pending such production.
2. The provisions of section 102 and 103 of the code of Criminal Procedure, 1898 (5 of 1898) relating to search and seizure shall, so far as may be, apply to searches and seizures under this clause.
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3. Substituted by Notification No. GSR436(E) dt 14.07.1999 for the word producer.
(1) .Subject to the provisions of sub-clause (e) of clause 11, the person drawing the samples shall follow the procedure as hereunder:-
(2) .Out of the two sealed protions of the sugar samples received in the Directorate of Sugar and Vanaspati under sub-clause (1) , one sealed portion shall be examined by the Grading Committee to determine its quality with regerence to the Indian Sugar Standard Grades in force for the year in which the sugar was manufactured. It the grade of the said portion of the sugar sample is found by the Grading committee to be lower than the grade declared by the producer or recognised dealer, as the case may be, the Directorate of Sugar and Vanaspati shall forward the other sealed portion of the sugar sample, as received , to the National Sugar Institute, Kanpur for determining its grade and the grade determined by the said Institute shall notbe called in question.
(3) For the purposes of sub-clause (2) , "Grading Committee" means the Committee consisting of three class I officers of the Directorate of Sugar and Vanaspati, appointed by the Chief Director, to grade samples of sugar.
A certificate to the effect that each of the samples drawn is representative of the lot from which it was drawn shall be furnised along with the particulars of the samples, in the form set out in the schedule hereto annexed, to the person drawing such samples, by the producer or recognised dealer, as the case may be, or his representative and such certificate shll be counterigned by the person drawing the samples and an endorsement to the effect that the procedure prescribed under clause 12 has been followed shall be made thereunder by the person during the samples and such endorsement shall be countersigned by the producer or recognised dealer, as the case may be, or his representative
Every producer or recognised deals or other person to whom any order or direction is issued under any powers conferred by the order, shall comply with such order or
The Central Government may, be by notification in the official Gazette, direct that all or any powers conferred upon it by this order shll, subject to such restrictions, exceptions and conditions, if any as may be specified in the direction, be exercisable also by:-
(a) any officer or authority of the Central Government;
(b) a State Government or any officer or authority of a State Government
-(***) Omitted by G.S.R. 1747 Dated 16th Nov. 1967.
-REPEAL AND SAVING