Section 29 in The U.P. Sheera Niyantran Niyamavali, 1974
29. [ Manner of taking samples and procedure for settlement of disputes relating to grades of molasses. [Substituted by Notification No. 217-E-2/XIII-96-372-88, dated 19th January, 1996, published in U. P. Gazette (Extraordinary), Part 4, Section (Ka), dated 19th January, 1996.]
(1)Whenever, samples are taken by any officer authorised by the Controller in this behalf, he shall leave a sample in duplicate sealed with his seal with the occupier of the sugar factory or the licence-holder of the distillery concerned and they shall be responsible for the safe custody of the same till such time it is ordered to be destroyed by the said officer.(2)In case of dispute relating to grade of molasses, the matter shall be referred to the officer authorised by the Controller in this behalf in accordance with the procedure given in sub-rule (3) and payment of price shall be made according to the grade declared by the Controller on the report of the said authorized officer.(3)If the occupier of the sugar factory concerned or the licence-holder of the distillery disputes the finding of the Excise Inspector on the grade, he may, within fourteen days of the date of such test, require the Excise Inspector in writing to send one of the samples of molasses to the officer authorized by the Controller, provided that, the occupier of the sugar factory or the licence-holder of the distillery, as the case may be, shall bear the cost that may have to be incurred for sending and testing the samples.(4)In the case of transport by road, if the allottee receiving molasses from a sugar factory is not satisfied with the grade declared by the sugar factory it may apply in writing to the Sub-Inspector, Excise or the Excise Inspector, Molasses of the area in which the sugar factory is situated along with the testing fee to get the molasses of the storage tank from which the molasses was supplied by the sugar factory or the molasses was loaded in lorry or thela tested by the officer authorized under sub-rule (3) for declaration of its correct sugar contents. The price shall be according to the grade declared by such authorized officer. In case a lower grade is declared, the sugar factory will be bound to refund the allottee any extra payment realized along with the testing fee of such authorised officer, the provisions of sub-rules (1) to (3) shall also apply in the cases regarding taking of samples by the Resident Sub-Inspector, Excise or Excise Inspector, as the case may be.(5)No distillery shall refuse unloading of molasses supplied by the occupier of a sugar factory under the orders of the Controller without the prior approval of the Controller, or an officer authorized in this behalf by the Controller :Provided that, if the Excise Inspector agrees with the distillers, on test by them, that any molasses supplied by a sugar factory is of a grade which is unfit for use in distillery by virtue of its containing less than 40 per cent of total sugar (expressed as reducing sugar) the distillery may refuse the unloading of such molasses and shall return the molasses at the expense of the sugar factory. If on subsequent analysis of such molasses by the officer authorised by the Controller under sub-rule (3) the molasses is declared fit for distillery purposes, the distillery shall be liable to pay such expenses and compensation, if any, as may be fixed by the Controller or by such officer as may be authorised by him in this regard.]
