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State of Bihar - Section

Section 44 in Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981

44. Deduction.

(1)The occupier of a factory or any person on his behalf shall not make any other deductions from the price of cane except the deduction on account of any loan advanced by him, or on his guarantee or otherwise advanced by a bank or other institutions under section 50.Provided that no deduction from the cane price shall be made without prior and due voluntary agreement of the concerned cane-growers:Provided further that, in any case, such deduction shall be deemed to have been made on the fifteenth day of delivery of sugarcane by the cane-grower or on the date of deposit of the delivery receipt with the sugar factory, whichever is earlier, and from that day the concerned can-grower shall stand discharged from the liability to repay the loan and interest thereon to the extent of the deduction and it shall be the responsibility of the occupier of the Mill to ensure prompt and proper crediting to the concerned Bank and other institutions, if any, which extended the loan on his guarantee.
(2)Deleted.
(3)Notwithstanding anything contained in sub-section (1) where there is any contributory scheme under any national or State plan, the realization of the contribution of the cane-growers or suppliers of cane may be made, with their previous concurrence, by deduction from price of cane:Provided that the amount so deducted by the occupier of a factory shall be deposited in the funds of the council in the prescribed manner and in the event of his failure to do so, interest at the rate specified in section 51 shall be payable by the occupier of the factory and the principle amount together with interest shall be realizable as public demand or as arrears of land revenue.
(4)The amount of deduction referred to in sub-section (3), made any time before commencement of this Act and remaining on the commencement of this Act with the occupier of a factory or any other person shall be deposited in the funds of the Board or the council concerned in accordance with the order, in this behalf of the State Government. On the failure of such occupier or other person to so deposit such amount, it shall be recoverable as public demand or as an arrest of land revenue and shall bear interest at rate specified in section 51.