(1)Where a producer of sugar or his agent purchases any sugarcane from a grower of sugarcane or a growers' co-operative society during each of the four successive years beginning on the 1st day of November, 1958, the producer shall, in addition to the minimum price of sugarcane fixed under sub-clause (1) of clause (3), pay to the grower or the co-operative society, as the case may be, an additional price, if found due, in accordance with the provisions [of the First Schedule] [Substituted by G.S.R. 402 (E), dated 25th November, 1974.] hereto annexed.(2)Nothing in sub-clause (1) shall apply to the purchase of sugarcane,-(a)where such sugarcane is used for the production of sugar in newly established factory until the expiry of three years commencing from the year in which the factory is so established;(b)where the purchase is made by a producer of sugar which is a co-operative society, from the members of that co-operative society.(3)If the Central Government is satisfied that during any year a factory has made no profit or has made inadequate profit, the Government may, by Order in writing, exempt wholly or partially, any producer of sugar from payment of the additional price due from him under sub-clause (1) in respect of sugarcane purchased for the factory during that year.(4)The Central Government may appoint any person or authority as it thinks fit for the purpose of determining the additional price due from a producer of sugar under sub-clause (1) for each of the successive four years beginning on the 1st day of November, 1958, and when the price is so determined, the person or authority, as the case may be, shall intimate the same in writing to the producer and to the grower's co-operative societies or the local growers' associations, if any, connected with the supply of sugarcane to the factory.(5)(a)Any producer of sugar or growers' of sugarcane or growers' co-operative society who or which feels aggrieved by any decision of the person or authority referred to in sub-clause (4), may, within thirty days from the date of communication of such decision under that sub-clause, appeal to the Central Government:Provided that the Central Government may, if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the aforesaid period of thirty days, admit the appeal if presented within a further period of fifteen days.(b)The Central Government may, after giving an opportunity to the appellant to represent his case and after making such further enquiry, as may be necessary, pass such order as it thinks fit.(c)The decision of the officer or authority referred to in sub-clause (4) where no appeal is filed, and of the Central Government where an appeal is filed, shall be final.(6)The price determined under sub-clause (4) or sub-clause (5), as the case may be, shall be paid at such time and in such manner as the Central Government may from time to time direct.(7)Where any payment has been made in accordance with the directions issued by the Central Government under sub-clause (2) of Clause 5 as it stood immediately before the commencement of the Sugarcane (Control) Amendment Order, 1962, then, notwithstanding anything contained in the foregoing provisions of this clause, such payment shall be deemed to have been made in lieu of the payment provided for in this clause as if that sub-clause were in force when the direction was issued or payment was made.
