Chapter IV Chapter IV

Miscellaneous

Reference of disputes to Cane Commissioner If any dispute arises—

1. (a) between a Cane-growers' Co-operative Society and a factory, or between a cane-grower and a factory, or between a Cane-growers' Co-operative Society and a cane-grower; or
2. (b) between the Council and Cane-growers' Co-operative Society, or between the Council and a factory, or between the Council and a canegrower regarding the payment of contribution to the Council by a Society or a factory; or
3. (c) relating to the business of the Council; it shall be referred for decision to the Cane Commissioner or if he so directs to the arbitrator nominated by him and the decision of the Cane Commissioner or the arbitrator, as the case may be, shall be final.

Determination of occupier for the purpose of this Act.

25.

1. (1) Where the occupier is a firm or other association of individuals, any one or more of the partners or members thereof may be prosecuted and punished under this Act for any offence for which the occupier 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 for the purpose of this Act, and such individual shall be deemed to be occupier for the purpose 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. (2) Where the occupier 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 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 for the purposes of this Act and such director or shareholder 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 director or shareholder.

If any person contravenes any of the provisions of this Act or any rule or order made thereunder he shall be liable to imprisonment extending to 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 rupees one thousand for each day during which the contravention continues.

Saving for dealers in tax-free goods [Section text not available in the official gazette publication.]

In this Act, Section 29 is titled "Protection of action taken under the Act".

The section titled "Power to require production of accounts and documents and to inspect, search and seize books of accounts, documents and goods" corresponds to Section 29 of "The Madhya Pradesh General Sales Tax Act, 1958".

For reference, the text of Section 29 from "The Madhya Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1959" (found on page 119 of the document) is as follows:

29.

1. (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. (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.

Information to be furnished regarding changes of business" on page 162.

Tax payable by transferee of business The document set provided does not contain page 163, which is where Section 33 ("Tax payable by transferee of business") of the Madhya Pradesh General Sales Tax Act, 1958 is located according to the Table of Contents on page 122.

Power of Commissioner and his assistants to take evidence on oath, etc The document provided does not contain Section 35, as the available pages (which end at page 123) do not include page 164 where Section 35 is located.

The requested section (Section 37:

An appeal shall lie to the State Government against the order of the Cane Commissioner passed under section 15, 16 or 17 before the expiry of thirty days from the date of the order :

Provided that the State Government may for sufficient cause admit any appeal after the expiry of such period.

[Note:

Appeal against order demanding security under section

A Appeal against order demanding security under section 16-A, etc. . . . 168

[Document Notice:

Power of revision by Commissioner

39. Power of revision by Commissioner. .. .. 168

Court fee Stamps on appeal and applications for revision. .. .. 170

Application of sections 4 and 12 of Limitation Act, 1963. .. .. 170

[Note:

```text 42. Extension of period of limitation in certain cases. ```

**42-A. Power of Commissioner to stay certain proceedings.**

**42-B Determination of disputed questions.**

44.

45.

**45-A Power to set aside an ex-parte order.**

From the attached Table of Contents (page 122), the only entry visible is:

**46. Offences and penalties.** (Page 173)

```text 47. Compounding of offences. ```

*(Note: If you were looking for the compounding provision under *The Madhya Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1958*, it is located under **Section 27(2)** on page 119:)*

```text

1. (2) On the application of a person accused of an offence under this Act, the Cane Commissioner or the Collector of the district 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. ```

**47-A Bar of prosecution in certain cases.**

> **49. Disclosure of information by public servant.** . . . Page 176

The full text and sub-clauses of Section 49 (which appear on page 176) are not included in the uploaded pages.

Please provide the image containing page 176 to transcribe the complete section. [Section text not available in the official gazette publication.]

Power to make rules

1. (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Act.
2. (2) Without prejudice to the generality of foregoing power, such rules may provide for —
   • (a) the conduct of business by the Board and Council;
   • (b) the business to be transacted at meetings convened under sub-section
3. (2) of section 6;
   • (c) the manner and form in which the fund placed at the disposal of the Council under section 8 shall be maintained and the application and payment from such fund;
   • (d) the duties, powers and functions of the Cane Commissioner;
   • (e) the matters relating to the appointment and other conditions of service of inspectors to be appointed under section 11 and their duties, powers and functions;
   • (f) the fees to be paid in respect of applications and appeals under this Act ;
   • (g) the appointment and licensing of purchasing agents, and other persons to be employed by the purchasing agents and the sugar factories for the purchase of cane, their functions and duties and the securities to be deposited by them and the conditions under which these securities may be forfeited;
   • (h) the form of the agreement to be entered into by or under the provisions of this Act and the penalty to be paid for breach of conditions of agreement;
     • (i) the constitution, operation, management, supervision and audit of Cane-growers' Co-operative Societies and federation and conditions relating to recognition of such societies or federation for purposes of this Act and rules and control of their staff and finances;
   • (j) the rate at which and the manner in which commission shall be paid to the Cane-growers' Co-operative Society on supply of cane by them ;
   • (k) the correct weighment of cane, the provision of facilities for weighment and for checking weighments and of timings of weighments;
   • (l) the provision of approach roads, parking space for carts bringing cane to factories, sheds for bullocks and cart-drivers, water-troughs for bullocks and other connected matters ; [ (l-1) deduction of amount under sub-section (2-a) of section 20;]¹
   • (n) the procedure for matters falling under section 24;
   • (o) the form of the statements, returns, register and other forms required to be maintained by or under this Act and the filling of such returns, statements and forms ;
   • (p) the form and the manner in which application shall be made for various purposes under this Act ;
   • (q) the duties of any officer or authority having jurisdiction under this Act and the procedure to be followed by such officer or authority; and
   • (r) the matters which are to be or may be prescribed.
4. (3) The rules made under this section shall come into force from a date to be appointed by the State Government.
5. (4) All rules made under this section shall, as soon as may be, after they are made, be laid before the Legislative Assembly and shall be subject to such modifications as the Legislative Assembly may make.

It only appears listed in the *Table of Contents* of **The Madhya Pradesh General Sales Tax Act, 1958** on page 123 as follows:

```text

52. Repeal and savings. .. .. 181

The pages provided in this document end at page 123, while the text of Section 52 is on page 181.

Repeal of Vindhya Pradesh Sales-Tax on Coal Ordinance No.

53. Repeal of Vindhya Pradesh Sales-Tax on Coal Ordinance No. 1 of 1948. .. 182

Power to remove difficulties The document pages provided do not contain the text of Section 55.