The Madhya Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1959

Preliminary

1. (1) This Act may be cited as the Madhya Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1958.
2. (2) It extends to the whole of Madhya Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless there is anything repugnant in the subject or context,—

1. (a) "assigned area" means an area assigned to a factory under section 16;
2. (b) "Board" means the Sugarcane Board established under section 3;
3. (c) "cane" means sugarcane intended for use in a factory;
4. (d) "Cane Commissioner" means the Officer appointed to be Cane Commissioner under section 9, and includes an Additional Cane Commissioner appointed under section 10; [(d-1) "Cane development" means and includes— (i)
5. (a) improvement of land;
6. (b) construction of wells and other works for supply of water; and
7. (c) purchase of seeds, pesticides fertilizers and irrigation and other mechanical equipment; for purposes of cultivation of sugarcane; and
   • (ii) such other matters as the State Government may from time to time, by notification, declare to be cane development;]
8. (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 Canegrowers' Co-operative Society;
9. (f) "Cane-growers' Co-operative Society means a Society registered under any law relating to Co-operative Societies in force in any part of Madhya Pradesh, one of the objects of which is to sell cane grown by its members and includes the federation of such societies, registered under such law;
10. (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;
11. (h) "Council" means the Cane Development Council established under section 5;
    • (i) "crushing season" means the period beginning on the 1st October in any year and ending on the 30th June next following;
12. (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 products of sugar by means of vaccum pans is being carried on or is ordinarily carried on with the aid of mechanised power;
13. (k) "managing agent" has the meaning assigned to it in the Indian Companies Act, 1956 (1 of 1956);
14. (l) "occupier of a factory" means the person who has ultimate control over the affairs of the factory, and where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory;
15. (m) "purchasing agent" means a person licensed under this Act to act as a purchasing agent; and
16. (n) "reserved area" means an area specified in an order issued under section 15.

Administrative machinery

1. (1) There shall be established by the State Government, by notification, Sugarcane Board for Madhya Pradesh.
2. (2) The Board shall consist of—
   • (a) the Minister-in-charge of Agriculture;
   • (b) the Minister-in-charge of Industries;
   • (c) nine members to be appointed by the State Government of whom three shall be representatives of Sugar factories and three shall be representatives of cane-growers and the Cane-growers' Co-operative Societies and the remainder shall be persons possesing technical knowledge in sugarcane or otherwise interested in the development of sugarcane and its products;
   • (d) the Cane Commissioner; and
   • (e) the Secretary to the State Government in the Agriculture Department or such other officer as may be nominated by the State Government.
3. (3) The Minister-in-charge of Agriculture shall be the Chairman of the Board and the officer nominated under clause
   • (e) of sub-section
4. (2) shall be the Secretary of the Board.
5. (4) The term of office of a member appointed under clause
   • (c) of sub-section (2), shall be three years from the date of the publication of the name of such member in the Gazette.
6. (5) The Chairman shall, if present, preside at all meetings of the Board and in his absence the Minister-in-charge of Industries.

Functions of the Board The Board shall advise the State Government on the following matters, namely :—

1. (a) matters pertaining to the regulation of supply and purchase of cane for sugar factories;
2. (b) the varieties of cane which are suitable or unsuitable for use in sugar factories;
3. (c) the maintenance of healthy relations between occupiers or managers of factories, Cane-growers Co-operative Societies, Cane Development Council and purchasing agents; and
4. (d) such other matters as may be prescribed.

1. (1) There shall be established, by notification, for the reserved area of a factory a Cane Development

1. (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

A casual vacancy in the Council shall be filled up in the manner stated in sub-section

1. (3) of section 5 and any person nominated to fill the casual vacancy shall hold office for the unexpired term of his predecessor.

1. (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.

The State Government may, for purposes of this Act, appoint Cane Commissioner who shall perform such duties and exercise such powers as are conferred or imposed upon him by or under this Act.

Additional Cane Commissioner.

1. (1) The State Government may appoint or designate such Government officer as it thinks fit to be Additional Cane Commissioner.
2. (2) An Additional Cane Commissioner shall exercise such powers and discharge such duties of the Cane Commissioner as the State Government may.

Supply and Purchase of Cane

1. (1) The Cane Commissioner may, for purposes of section 15, 16 or 17 by order, require the occupier 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 season as may be specified in the order.
2. (2) The Cane Commissioner shall examine every such estimate and shall publish the same with such modifications, if any, as he may make.
3. (3) An estimate under sub-section
4. (2) may be revised by an authority to be prescribed.

Register of cane-growers and Cane-growers' Co-operative Society or Societies.

13.

1. (1) The occupier shall maitain in the prescribed form a register of all such cane-growers and Cane-growers' Co-operative Societies, as shall sell cane to that factory.
2. (2) The State Government may make rules for the inspection of such register and the procedure for the correction of any entry therein and obtaining copy of an entry from such register and in making such rules the State Government may also provide for payment of charges for correction and supply of copies.

The documents provided only include the Table of Contents for the "The Madhya Pradesh General Sales Tax Act, 1958" (pages 121-123), which lists the section title, but the content of Section 14 itself does not appear in the uploaded images.

Declaration of reserved area Declaration of reserved area.

15. Without prejudice to any order under clause

1. (d) of sub-section

1. (2) of section 19, the Cane Commissioner may, after consulting in the manner prescribed, the occupier and

The document pages provided contain the text for "The Madhya Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1958" and the Table of Contents for "The Madhya Pradesh General Sales Tax Act, 1958." The actual content pages for "The Madhya Pradesh General Sales Tax Act, 1958," including Section 16 ("Voluntary registration of dealers"), are not included in the images attached.

The Cane Commissioner may, at any time, if he considers it expedient so to do cancel any order reserving or assigning any area or alter the boundaries of an area so reserved or assigned.

Regulation of purchase and supply of cane in the reserved and assigned areas

1. (1) The State Government may, for maintaining supplies, by order regulate—
   • (a) a distribution, sale or purchase of cane in any reserved or assigned area; and
   • (b) purchase of cane in any area other than a reserved or assigned area.
2. (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 been so reserved or assigned;
   • (b) the manner in

Power to declare varieties of cane to be unsuitable for use in factories

1. (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 a factory situated in the said area;
   • (b) ratoon cane of any variety grown in any area specified in such notification is unsuitable for use in a factory situated in the said area; and
   • (c) seed cane of any variety is unsuitable for distribution to cultivators in the area specified in such notification.
2. (2) A notification under sub-section
3. (1) shall be issued not later than the 20th November of the year immediately preceding the crushing season with respect to which such notification is to operate.
4. (3) Where any seed cane of any variety has been declared under sub-section
5. (1) to be unsuitable for distribution to cultivators in that area, the occupier 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.
6. (4) Where cane or ratoon cane of any variety has been declared under sub-section
7. (1) to be unsuitable for use in a factory, the occupier 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.

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:)*

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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:

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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.