Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Uttar Pradesh Sugarcane (Regulation Of Supply And Purchase) Act, 1953 CONTENTS CHAPTER 1 :- Preliminary 1. Short title, extent and commencement 2. Definitions CHAPTER 2 :- Administrative Machinery 3. Sugarcane Board 4. Functions of the Board 5. The Development Council 6. Functions of the Council 7. Casual vacancy 8. Council Fund 8A. Supersession of Council 9. Sugar Commissioner and Cane Commissioner 10. Additional, Deputy or Assistant Cane Commissioner 11. Inspectors CHAPTER 3 :- Supply and Purchase of Cane 12. Estimates of requirements 1 3 . Register of Cane-growers and Cane-growers Co-operative Society or Societies 14. Power of survey etc 15. Declaration of reserved area and assigned area 16. Regulation of purchase and supply of cane in the reserved and assigned areas 17. Payment of cane price 18. Commission on purchase of cane 19. Power to declare varieties of cane to be unsuitable for use in factories CHAPTER 4 :- Miscellaneous 20. Tax on sale of cane 21. Determination of occupier for the purposes of Section 22 22. Penalties 2 2 A . Powers of certain officers to investigate into offences punishable under this Act 22B. Duty of officers of certain departments to report offences and to assist Inspectors 23. Institution of proceedings 24. Special powers of Magistrates 25. Protection of action taken under the Act 26. Repeal and saving 27. Traditionary provisions 28. Power to make rules Uttar Pradesh Sugarcane (Regulation Of Supply And Purchase) Act, 1953 An Act to regulate the supply and purchase of sugarcane required for use in sugar [factories and Gur, Rab or Khandsari Sugar Manufacturing Units]1 Whereas it is expedient to regulate the supply and purchase of sugarcane required for use in sugar [factories and Gur, Rab or Khandsari Sugar Manufacturing Units]2 and other connected matters; It is hereby enacted as follows : 1. Subs. by U.P. Act III of 1960. FOOTNOTE 2. Subs. by U.P. Act III of 1960. CHAPTER 1 Preliminary 1. Short title, extent and commencement :- (1) This Act may be called the U.P. Sugarcane (Regulation of Supply and Purchase) Act. 1953. (2) It extends to the whole of Uttar Pradesh. (3) It shall come into force at once. 2. 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 Section 15; (b) "Board" means the Sugarcane Board established under Section 3: (c) "Cane" means sugarcane intended for use in a factory 1[or Gur, Rab or Khandsari Sugar Manufacturing Unit]; (d) "Cane Commissioner" means the Officer appointed to be Cane Commissioner under Section 9, and includes an Additional Cane Commissioner appointed under Section 10;- (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, one of the objects of which is to sell cane-grown by its members and includes the federation of such societies registered under Section 8 of the said Act; (g) "Collector" includes any person whom the State Government may, by notification appoint to exercise and perform the powers and duties of a Collector under this Act; (h) "Council" means the Cane Development Council established under Section 5; (i) "Crushing season" means the period 2[beginning on the 1st October in any year and ending on the 15th July next following]; (j) "Factory" means any premises, including the precincts thereof wherein twenty or more workers are working or were working on any day during 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 mechanical power; 3[(j-i) "Gur, Rab or Khandsari Sugar Manufacturing Unit" means a u n i t engaged or ordinarily engaged In the manufacture or production of gur, rab or khandsari sugar in a reserved area. and which is capable of handling sugarcane juice produced with the aid of a crusher driven by any mechenical power;] 4[(j-ii) "Inspector" means any person appointed or any officer designated as Inspector under Section 11;] 5[(k) "Occupier" in relation to a factory or a gur, rab or khandsari Sugar Manufacturing Unit, means the person (including a company, firm or other association of individuals) who, or the authority which, owns or has the ultimate control over the affairs of such factory or unit and where the said affairs are entrusted to a Managing Agent or a Director or other Officer of such person or authority, includes such Managing Agent, Director or other officer : Explanation. -Notwithstanding that the affairs of a factory or unit are entrusted to a Managing Agent or a Director or other officer, the liability under Section 17 of the person, who or the authority which owns or has the ultimate control over the affairs of the factory or unit shall remain unaffected;] (l) "Prescribed" means prescribed by rules; (m) 6[***] 2[(n) "Reserved area" shall mean the area reserved for a factory under an Order for reservation of Sugarcane areas made under Rule 125-B of the Defence of India Rules. 1962. and when no such order is in force, the area specified in an order made under Section 15:] (o) "Rules" means a rule made under this Act; (p) "State Government" means the Government of Uttar Pradesh; and (q) "Sugar Commissioner" means the Official appointed to be Sugar Commissioner under Section 9 8[and includes an Additional Sugar Commissioner appointed under Section 10]- 1. Ins. by U.P. Act IV of 1964. 2. Subs. by U.P. Act No. 6 of 1971. This amendment has been enforced w.e.f. 30th June, 1970. 3. Added by U.P. Act III of 1960. 4. Ins. by Sec. 2 of U.P. Act 34 of 1976. 5. Subs. by Sec. 2 of U.P. Act 7 of 1974 and be deemed always to have been substituted. 6. Omitted, ibid. 7. Subs. by U.P. Act IV of 1964, w.e.f. 17th October, 1963. 8. Ins. by U.P. Act IV of 1964. CHAPTER 2 Administrative Machinery 3. Sugarcane Board :- (1) There shall be established by the State Government a Sugarcane Board for Uttar Pradesh. (2) The Board shall consist of- 1[(a) the minister in charge of Industries]; 2[(aa) the Minister in charge of Cane Development]; ( b ) 3[twenty-one members] to be appointed by the State Government of whom five shall be representatives of sugar factories 4[five shall be representatives of Gur, Rab or Khandsari Sugar Manufacturing Units and five shall be representatives of cane-growers and the Cane-growers Co-operative Societies and the remainders shall be persons possessing technical knowledge in sugarcane or otherwise interested in the development of sugarcane and its products; (c) the Cane Commissioner or his representative who shall be ex- officio member; and (b) the Secretary to the State Government in the Industries Department or such other officer as may be nominated by the State Government. He shall also be ex-officio Secretary of the Board. (3) The Minister In charge of Industries shall be ex-officio Chairman of the Board and in his absence the 5[Minister in charge of Cane Development] and, if he also, is absent, the representative of the Minister in charge of Industries to be nominated by him, shall preside over the meetings of the Board.. (4) The term of the Board shall be two years : provided that the State Government may if it is satisfied that it is necessary so to do dissolve the Board before the expiry of its term. (5) Where the Board is dissolved the following consequences shall follow- (a) all members referred to in Clause (b) of sub-section (2), shall on a date to be specified in the order, vacate their offices but without prejudice to. their eligibility for appointment or nomination as a member; (b) the Board shall be reconstituted by the State Government in accordance with the provisions of sub-section (2). 1. Subs. by U.P. Act III of 1960 and again subs. by U.P. Act VI of 1962. 2. Added by U.P. Act III of 1960. 3. Subs. by U.P. Act IV of 1964. 4. Added by U.P. Act III of 1960. 5. Subs. by U.P. Act IV of 1964. 4. Functions of the Board :- The Board shall advise the State Government on the following matter, namely- (a) matters pertaining to the regulation of supply and purchase of cane for sugar factories; (b) the varieties of cane which are suitable or unsuitable for use in sugar factories: (c) the maintenance of healthy relations between occupiers or managers of factories, cane-growers, Cane-growers Co-operative Societies, Cane Development Council 1[* *]; and (d) such other matters as may be prescribed. 1. The words "and purchasing agents" were omitted by Sec. 3 of U.P. Act 7 of 1974. w.e.f. 21-12-1973. 5. The Development Council :- (1) There shall be established for the reserved area of a factory a Cane Development Council (hereinafter called Council) which shall be body corporate by the name of such area or such other name as may be prescribed, having perpetual succession, and subject to such restrictions or qualifications as may be imposed under this Act or any other enactment, vested with the capacity of suing and being sued in its corporate name, of acquiring, holding, administering and transfering property both movable and immovable, and of entering into contracts: Provided that where the Cane Commissioner so directs the Council may be established for a larger or smaller area than the reserved area of a factory. (2) The area for which a Development Council is established shall be called a zone. 1[(3) The Council shall consist of the following, namely :- (i) two representatives of the sugar factory concerned, to be nominated by the occupier: 2[(ii) five representatives of the Cane-growers Co-operative Societies functioning in the reserved area, to be elected by the members of the Committees of Management of Such societies from amongst the members of such societies : Provided that, subject to availability, two of such representatives shall be from the weaker sections; Explanation.-For the purposes of this clause the expression weaker sections means the person belonging to the Scheduled Castes and Scheduled Tribes and include, farmers who hold unirrigated agricultural land exceeding two hectares and whose principal source of livelihood is income from agricultural land or by manual labour on such land or from both). (iii) one representative of the licensed power driven khandsari manufacturing units in the reserved area, to be elected by their owners; (iv) the District Cane Officer: (v) the Sugarcane Protection Inspector: 3[(iv) the Seed Production Officer;] (vii) the Senior Cane Development Inspector, who shall be ex- officio Member-Secretary. (3-A) The members of the Council shall elect from among themselves a person not being a Government servant, to be the Chairman of such Council]; (4) The term of the Council shall be three years and upon its expiry the Council shall be reconstituted in accordance with the provisions of sub-section (3) : Provided that the Cane Commissioner, if he is satisfied that it is necessary so to do may, with the approval of the State Government dissolve the Council before the expiry of its term, or remove 4[the Chairman or any other member thereof] for reasons to be recorded. 5[Provided further that the term of the first council to be constituted after the promulgation of the Uttar Pradesh Sugarcane (Regulation of Supply and Purchase) (Amendment) Ordinance, 1975, shall be one year only.] (5) Where a Council is dissolved the following consequences shall follow ; (a) 6[the Chairman and all members but not the Secretary) shall on a date to be specified in the order vacate their offices but without prejudice to their eligibility for appointment or nomination as member; (b) the Council shall be reconstituted by the Cane Commissioner in accordance with the provisions of sub-section (3); and (c) the duties, power and functions of the Council shall, pending its reconstitution, be discharged, exercised and performed 7[by the Secretary] may direct, for such period and subject to restrictions as may be specified in the order. 1. Subs. by U.P. Act No. 30 of 1979. 2. Subs. by U.P. Act No. 30 of 1979. 3. Subs. by U.P. Act No. 30 of 1979. 4. Subs. by Sec 4 of U.P. Act No. 7 of 1974, w.e.f. 21-12-1973. 5. Ins. by Sec. 2 of U.P. Act No. 10 of 1976, w.e.f. 17-9-1975. 6. Subs. by Sec. 4 of U.P. Act No. 7 of 1974, w.e.f. 21-12-1973. 7. Subs. by Sec. 4 of U.P. Act No. 7 of 1974, w.e.f. 21-12-1973. 6. Functions of the Council :- (1) Functions of the Council shall be- (a) to consider and approve the programme of development for the zone; (b) to devise ways and means, for the execution of the development plan in all its essentials such as cane varieties, cane seed, sowing programme, fertilizers and manures; ( c ) to undertake the development of irrigation and other agricultural facilities in the zone; (d) to take necessary steps for the prevention and control of diseases and pests and to render all possible help in the soil extension work: (e) to impart technical training to cultivators in matters relating to the production of cane; (f) to administer the funds at its disposal for the execution of the development scheme subject to the general or special directions of the Cane Commissioner; and (g) to perform other prescribed functions pertaining and conducive to the general development of the zone. (2) The State Government may by rule provide for an annual meeting of all the Development Council in a district. Every such meeting shall be presided over by the Collector. 7. Casual vacancy :- A casual vacancy in the Council shall be filled up, as far as may be, in the manner stated in sub-section (3) of Section 5. 8. Council Fund :- (1) There shall be a fund at the disposal of the Council to meet the charges in connection with the discharge of its duties and performance of its functions under this Act. (2) The fund of the Council shall consist of- (a) grants, if any made by the Indian Central Sugarcane Committee; (b) grants, if any, made by the State Government; (c) contributions - made by the sugar factories [Gur, Rab or Khandsari Sugar Manufacturing Units]1 and Cane-growers Co- operative Societies at rates to be prescribed; and (d) any other sums, which the State Government may require to be credited to it. 1. Added by U.P. Act III of 1960. 8A. Supersession of Council :- 1[8-A. Supersession of Council.- If at any time, the State Government is, after taking Into consideration the explanation, if any, of the Council satisfied that the Council has made a wilful default in the performance of any of its functions and duties under this Act, it may, by notification supersede the Council for such period as may be specified, and shall make such arrangements for the performance of the functions and duties of the Council, during the period of supersession, as it may deem fit.] 1. Ins. by Section 3 or UP Act No. 10 of 1976. w.e.f. 17-9-1975. 9. Sugar Commissioner and Cane Commissioner :- The State Government may for purposes of this Act appoint- (a) a Sugar Commissioner; and (b) a Cane Commissioner: who shall perform the duties and exercise all powers conferred or imposed upon them by or under this Act: Provided that nothing in this section shall prevent the State Government from appointing the same person to be Sugar Commissioner and the Cane Commissioner. 10. Additional, Deputy or Assistant Cane Commissioner :- 1[The State Government may appoint- any person or designate any Government Officer as Additional, Deputy or Assistant Cane Commissioner or Additional, Deputy or Assistant Sugar Commissioner.] 1. Sub. by U.P. Act IV of 1964. 11. Inspectors :- (1) The State Government may for purposes of this Act appoint any person or designate such officers of the Government as it thinks fit to be Inspectors within such local limits as may be assigned to them. (2) The Inspectors shall perform the duties and exercise the powers conferred or; imposed upon them by or under this Act. CHAPTER 3 Supply and Purchase of Cane 12. Estimates of requirements :- (1) The Cane Commissioner, may for purposes of Section 15, by order, require the occupier of any factory to furnish in the manner and by the date specified in the order to, the Cane Commissioner an estimate of the quantity of cane which will be required by the factory during such crushing seasons 1[or crushing seasons] as may be specified in the order. (2) The Cane Commissioner shall examine every such estimate and shall publish the same with such modifications, if, any, as he may make. (3) An estimate under sub-section (2) may be revised by an authority to be prescribed. 1. Ins. by UP Act XXI of 1956. 13. Register of Cane-growers and Cane-growers Co- operative Society or Societies :- (1) The occupier of a factory shall maintain in the prescribed form a register of all such cane-growers and Cane-growers Co-operative Society or Societies, and shall sell cane to that factory. (2) The State Government may, by rules, make provision for the following- (a) "correction of entries made in the register and addition of new entries if necessary; (b) fixing of prices in respect of the entries so corrected or added in the register arid prescribing of the procedure for payment of such price; and (c) the supply of copies of entries made in the register on payment of the prescribed fee. 14. Power of survey etc :- (1) The State Government may, for purposes of Section 15, by order provide for- (a) a survey to be made of the area proposed to be served or assigned for the supply of cane to a factory and the recovery of the cost of such survey from the occupier of the factory; (b) the appointment of an Officer for purposes of such survey, his duties and powers; (c) the procedure in accordance with which the survey shall be made; ( d ) the assistance and facilities to be provided to the officer appointed in pursuance of Clause (b) by the persons owning or occupying land in the area; and (e) such incidental and consequential matters as may appear to be necessary or desirable for this purpose, (2) Any amount due from the occupier of a factory In pursuance of Clause (a) of sub-section (1) shall be recoverable from such occupier as an arrear of land revenue. 15. Declaration of reserved area and assigned area :- (1) Without prejudice to any order made under Clause (d) of sub- section (2) of Section 16 the Cane Commissioner may, after consulting the Factory and Cane-growers Co-operative Society in the manner to be prescribed : (a) reserve any area (hereinafter called the reserved area); and (b) assign any area (hereinafter called an assigned area), for the purposes of the supply of cane to a factory in accordance with the provisions of Section 16 during [one or more crushing seasons as may be specified] 1 and may likewise at any time cancel such order or alter the boundaries of an area so reserved or assigned. (2) Where any area has been declared as reserved area for a factory, the occupier of such factory stall, if so directed by the Cane Commissioner, purchase all the cane grown in that area, which Is offered for sale to the factory. (3) Where any area has been declared as assigned area for a factory, the occupier of such factory shall purchase such quantity of cane grown in that area and offered for sale to the factory as may be determined by the Cane Commissioner. (4) An appeal shall be to the State Government against the order of the Cane Commissioner passed under sub-section (1). 1. Ins. by UP Act XXI of 1956. 16. Regulation of purchase and supply of cane in the reserved and assigned areas :- (1) The State Government may. for maintaining supplies, by order, regulate- (a) the distribution, sale or purchase of any cane in any reserved or assigned area; and (b) purchase of cane in any area other than a reserved or assigned area. (2) Without prejudice to the generality of the foregoing powers such order may provide for- (a) the quantity of cane to be supplied by each Cane-grower or Cane-growers Co-operative Society in such area to the factory for which the area has so been reserved or assigned; (b) the manner in which cane grown in the reserved area or the assigned area, shall be purchased by the factory for which the area has been so reserved or assigned and the circumstance In. which the cane grown by a cane-grower shall not be purchased except through a Cane-growers. Co-operative Society; (c) the form and the terms and conditions of the agreement to be executed by the occupier or manager of the factory for which an area is reserved or assigned for the purchase of cane offered for sale; (d) the circumstances under, which permission may be granted- (i) for the purchase of cane grown in reserved or assigned area by a 1[Gur, Rab or Khandsari Manufacturing Unit or any person or factory] other than the factory for which area has been reserved or assigned, and (ii) for the sale of cane grown in a reserved or assigned area to a 2[Gur, Rab or Khandsari Manufacturing Unit or any, person or factory] other than the factory for which the area is reserved or assigned; (e) such Incidental and consequential matters as may appear to be necessary or desirable for this purpose. 1. Subs. by U.P. Act IV of 1964. 2. Subs. by U.P. Act IV of 1964. 17. Payment of cane price :- 1[(1) The occupier of a factory shall make such provision for speedy payment of the price of cane purchased by him as may be prescribed]. (2) Upon the delivery of cane the occupier of a factory shall be liable to pay immediately the price of the cane so supplied, together with all other sums connected therewith, 2[* *]. (3) Where the person liable under sub-section (2) is in default in making the payment of the price for a period exceeding fifteen days From the date of delivering, he shall also pay interest at a rate of 7-1/2 per cent Per annum from the said date of delivering, but the Cane Commissioner may, in any case, direct, with the approval of the State Government, that no interest shall be paid or be paid at such reduced rate as he may fix : 3[Provided that in relation to default -In payment of price of cane purchased after the commencement of this proviso, for the figure 7-1/2 the figure 12 shall be deemed substituted.] (4) The Cane Commissioner shall forward to the Collector a certificate under his signature specifying the amount of arrears on account of the price of cane plus interest, if any, due from the occupier and the Collector, in receipt of such certificate, shall proceed to recover from such occupier the amount specified therein as if it were an arrear of land revenue. 4[(5)(a) Without prejudice to the provisions of the foregoing sub- sections, where the owner or any other person having control over the affairs of the factory or any other person competent in that behalf enters into an agreement with a bank under which the bank agrees to give advance to him on the security of sugar produced or to be produced in the factory, the said owner or other person shall provide in such agreement that a 5[percentage determined by such authority and in such manner as may be prescribed] of the total amount of advance shall be set apart and be available only for re- payment to cane-growers or their co-operative societies on account of the. price of sugarcane purchased or to be purchased for the factory during the current crushing season from those cane-growers or from or through those societies, and interest thereon and. such societies, commission in respect thereof. (b) Every such owner or other person as aforesaid shall send a copy of every such agreement to the Collector within a week from the date on which it is entered into]. 1. Subs. by U.P. Act IV of 1964. 2. Ommitted by Section 5 of UP Act No. 7 of 1974. w.e.f. 21-12- 1973. 3. Ins. by UP Act No. 28 of 1974, Section 2. 4. Added by UP Act No. 2 of 1972, w.e.f. 30th December, 1971. 5. Subs. by Section 5 of Act No. 7 of 1974 and be deemed always to have been substituted. 18. Commission on purchase of cane :- (1) There shall be paid by the 1[occupier of a factory or a Gur, Rab or Khandsari Sugar Manufacturing Unit] a commission for every one maund of cane purchased by the 2[factory or a Gur, Rab or Khandsari Sugar Manufacturing Unit]- (a) where the purchase is made through a Cane-growers Co- operative Society, the commission shall be payable to the Cane- growers Co-operative Society and the Council in such proportion as the State Government may declare, so, however, that the share payable to the Council shall not exceed 50 per cent; and (b) where the purchase is made directly from the cane-grower, the commission shall be payable to the Council: 3[Provided that different rates of commission may be prescribed for a factory and for a Gur, Rab or Khandsari, Sugar Manufacturing Unit; Provided further that the State Government may by notification in the official Gazette remit in whole or in part such commission in respect of a factory or a Gur, Rab or Khandsari Sugar Manufacturing Unit for a limited purpose specified in the notification]. (2) The commission payable under clauses (a) and (b) of sub- section (1) shall be at such rates as may be prescribed : provided, however, that the rate fixed under clause (b) shall not exceed the rate at which the commission may be payable to the Council under clause (a). ( 3 ) The provisions relating to payment, interest and recovery including recovery as arrears of land revenue, applicable to price of cane shall mutatis mutandis apply to payment and recovery of commission under sub-section [1]. 1. Subs. by U.P. Act III of 1960. 2. Added by U.P. Act No. 2 of 1972, w.e.f. 30th December, 1971. 3. Added by U.P. Act III of 1960. 19. Power to declare varieties of cane to be unsuitable for use in factories :- (1) The State Government may, by notification, declare that- (a) cane of any variety grown in any area specified in such notification is unsuitable for use in all or any factories situated in the said area; (b) ratoon cane of any variety grown in any area specified in such notification is unsuitable for use in any or all factories situated in the said area; and (c) seed cane of any variety is unsuitable for distribution to cultivators in an area as specified in such notification. (2) The notification under sub-section (1) shall be issued after December 31, and before September 1, in any calender year. (3) Where any seed cane of any variety has been declared under subsection (1) to be unsuitable for distribution to cultivators in that area, the occupier of a factory or any other person acting on his behalf or Cane-growers Co-operative Society shall not distribute seed cane of such variety or varieties to any. person to be used by cane-growers or the members of the Cane-growers Co-operative Societies in any area. (4) Where cane or ratoon cane of any variety has been declared under sub-section (1) to be unsuitable for use in a factory, the occupier of such factory or any other person acting on his behalf or a cane-grower or a Cane-growers Co-operative Society shall not plant cane of any variety, or keep ratoon cane of any such variety. CHAPTER 4 Miscellaneous 20. Tax on sale of cane :- 1[20. Tax on sale of cane.- (1) The Governor may, by notification impose a cess not exceeding four annas a maund on the entry of sugarcane into an area specified in such notification for consumption, use or sale there : Provided that the State Government may by notification, remit in whole or in part such cess in respect of sugarcane used or intended to be used in a factory for any purpose specified in such notification. (2) The State Government shall make rules specifying the authority empowered to assess and collect cess and the person from whom and the manner in which the cess shall be collected. (3) If any agreement for the sale of cane is entered into before the imposition of a cess under this section, the seller will be entitled to recover from the buyer in addition to. and as part of the contracted price, the amount of such cess to which the seller may be liable. (4) Where any person is, in default in making the payment of the cess, the authority empowered to collect the cess may direct that in addition to the amount of the arrears a sum not exceeding 10 per cent thereof shall be recovered from the person liable to pay the cess, by way of penalty. (5) The authority empowered to collect the cess may forward to the Collector a certificate under his signature specifying the amount of arrears due from the person concerned and the Collector, on receipt of such certificate, shall proceed to recover from such person the amount specified therein as if it were an arrear of land revenue. (6) Any sum imposed by way of penalty under sub-section (4) shall be recoverable in the manner provided in sub-sectioti (5) for the recovery of the arrear of cess.] 1. Section 20 of the Act has been repealed vide Section 9 of the U.P. Sugarcane Cases Act, 1956. 21. Determination of occupier for the purposes of Section 22 :- 21. Determination of occupier 1[for the purposes of Section 22]. -(1) Where the occupier of 2[ a factory or gur, rab or khandsari Sugar Manufacturing Unit] is a firm or other association of individuals, 3[(not being a company)] any one or more of the partner or member thereof may be prosecuted and punished under this Act for any offence for which the occupier of 4[the factory or the Gur, Rab or Khandsari Sugar Manufacturing Unit] is punishable: Provided that the firm or association may give notice to the Collector that It has nominated one of its members to be occupier of the factory for the purpose of 5[this sub-section] and such individual shall be deemed to be the occupier for the purpose of 6[this sub-section] 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 the occupier of a factory is a company any one or more of the directors thereof, or, in the case of a private company any one or more 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 purpose of 7[this subsection] and such director or share holder shall be deemed to be the occupier of the factory for the purposes of 8[this sub-section] until further notice cancelling his nomination Is received by the Collector or until he ceases to be a director or share-holder. 1. Subs. by Section 6 of U.P. Act No. 7 of 1974 and be deemed always to have been substituted. 2. Subs. by U.P. Act III of 1960. 3. Ins. by Act No. 7 of 1974 and be deemed always to have been inserted. 4. Subs. by U.P. Act III of 1960. 5. Subs. by Section 6 of U.P. Act No. 7 of 1974 and be deemed always to have been substituted. 6. Subs. by Section 6 of U.P. Act No. 7 of 1974 and be deemed always to have been substituted. 7. Subs. bySecllon 6 of U.P. Act No. 7 of 1974 and be deemed always to have been substituted. 8. Subs. by Section 6 of U.P. Act No. 7 of 1974 and be deemed always to have been substituted. 22. Penalties :- If any person contravenes any of the provisions of this Act or any rule or of order made thereunder, he shall be liable to imprisonment upto six months or to a fine not exceeding rupees five thousand or both and in the case of continuing contravention to a further fine not exceeding one thousand for each day during which the contravention continues. 22A. Powers of certain officers to investigate into offences punishable under this Act :- 1[22-A. Powers of certain officers to investigate into offences punishable under this Act.- (1) An Inspector specially empowered in relation to cases generally or to any class of cases by the State Government, by notification, in that behalf may investigate into any offence punishable under this Act committed within the limits of the area in which such officer exercise Jurisdiction. (2) Any such officer may exercise the same powers in respect of such investigation as an officer-in-charge of a police station may exercise in a cognizable case under the provisions of Chapter XII of the Code of Criminal Procedure, 1973. 1. Ins. by U.P. Act 34 of 1976. 22B. Duty of officers of certain departments to report offences and to assist Inspectors :- Every officer of the Police, Revenue and Excise Departments shall be bound to give immediate Information to an Inspector of all breaches of any of the provisions of this Act which may come to his knowledge and upon request made by an Inspector, to aid him in carrying out the provisions of this Act and the rules made thereunder. 23. Institution of proceedings :- (1) No prosecution shall be Instituted under this Act except upon complaint made by or under authority from the Cane Commissioner or the District Magistrate. (2) On the application of a person accused of an offence under this Act, the Cane Commissioner or the District Magistrate with the previous concurrence of the Cane Commissioner may at any stage compound such offence by levying a composition fee not exceeding the fine which could be imposed for such offence. (3) No Court inferior to that of a Magistrate of the second class shall try any offence against this Act or any order or rule made thereunder. 24. Special powers of Magistrates :- Notwithstanding anything contained in Section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for a Magistrate of the First Class specially empowered by the State Government In this behalf and trying any case under this Act or any order or rule made thereunder to pass a sentence of fine not exceeding five thousand rupees on any person convicted for any offence under this Act. 25. Protection of action taken under the Act :- (1) No suit -prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or Intended to be done in pursuance of any order or rule made under this Act. (2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order or rule made under this Act. 26. Repeal and saving :- The U.P. Sugar Factories Control Act, 1938 (hereinafter in this section and Section 27 referred to as "the said Act") is hereby repealed : Provided that without prejudice to the general application of Section 6 and 24 of the U.P. General Clauses Act, 1904, with regard to repeal and continuation of appointments, notifications, orders, etc., under enactment repealed and re-enacted, this repeal shall not prejudice or affect- (a) the operation of any notice served, order made or any permit, licence or sanction granted before the commencement of this Act under the powers conferred by the said Act: (b) the continued validity of any cess, tax fee or other penalty assessed or imposed under the said Act prior to its repeal or the power to assess or impose any such cess, tax, fee or penalty In respect of the period prior to its repeal or anything done or permitted to be done thereunder, and such cess, tax, fee or penalty may be assessed or imposed and any such thing done as if the said Act had not been repealed: (c) the continuance of a Board, or Cane Development Council constituted under the said Act and the same shall, till such Board or Council has been duly constituted under and in accordance with this Act, exercise the powers, duties and functions exercisable or dischargeable by it under this Act; or (d) the continued operation of any immunity, exemption or. protection granted by or under the said Act: Provided further, that any area declared to be a reserved area or an assigned area under the said Act shall unless directed otherwise or superseded by anything done or any action taken under this Act, continue in force as if declared under, this Act. 27. Traditionary provisions :- The State Government may for the purpose of removing any difficulties in relation to the transition from the provisions of the said Act to this Act, by order published in the official Gazette- (a) direct that this Act shall during such periods as may be specified in the order take effect subject to such adoptions whether by way of modification, addition or omission as it may deem fit to be necessary or expedient; and ( b ) make such other temporary provision for the purpose of removing any such difficulty as it may deem fit to be necessary or expedient,: Provided that no such order shall be made alter twelve months from the commencement of this Act. 28. Power to make rules :- 1[* * *]. (2) 2[****]. (3) The rules made under this section shall come into force from a date to be appointed by the State Government. (4) All such rules shall be laid before the State Legislature when it meets immediately after their enforcement and shall be subject to such omissions, alterations and additions as the Legislature may make. 1. In Sec. 28 clauses (1) and (2) have been omitted by Act 7 of 1974 (w.e.f. 21-12-1973). 2. In Sec. 28 clauses (1) and (2) have been omitted by Act 7 of 1974 (w.e.f. 21-12-1973).