Bombay Presidency - Act
Bombay Molasses (Control) Act, 1956
BOMBAY PRESIDENCY
India
India
Bombay Molasses (Control) Act, 1956
Act 38 of 1956
- Published on 21 June 1956
- Not commenced
- [This is the version of this document from 21 June 1956.]
- [Note: The original publication document is not available and this content could not be verified.]
The Act was extended to that part of the State of Bombay to which immediately before the commencement of Bombay 64 of 1958, it did not extend [vide Bombay64 of 195 8, section 2).For Statement of Objects and Reasons, see Bombay Government Gazette Extraordinary, 1956, Part V, p. 84.An Act to provide for the regulation and control of the supply of molasses for the purpose of development of certain industries by securing their equitable distribution and availability at fair prices and for certain other matters.Whereas it is expedient to provide for the regulation and control of the supply of molasses for the purpose of development of certain industries by securing their equitable distribution and availability at fair prices and for certain other matters hereinafter appearing; It is hereby enacted in the Seventh Year of the Republic of India as follows:(3)It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint in this behalf. (a)"Collector" means the Collector of land revenue; [(b) "Director" means the Director of Industries, [Gujarat State;](c)"Inspector" means an Inspector appointed under section 5; (d)"Molasses" means the heavy, dark coloured viscous liquid produced in the final stage of manufacture of sugar by vacuum or open pan, from sugarcane or gur when the liquid as such or in any form or admixture contains sugar ; (e)"Occupier of a sugar factory" means the person who has ultimate control over the affairs of a sugar factory; (f)"Prescribed" means prescribed by rules or orders under this Act; (g)"Sugar factory" means any premises, including precincts thereof, whereon twenty or more workers are working, or were working on any day of the preceding twelve months and in any part of which a manufacturing process connected with the production of sugar by means of vacuum pans or in open pans is being carried on, or is ordinarily carried on, with the aid of power. (2)The Molasses Board constituted under sub-section (1) shall consist of such members, not less than six with such qualifications as may be prescribed. The member or members so appointed shall hold office during the pleasure of the State Government. (3)Three members shall form a quorum for the disposal of the business of the Board. (4)Any vacancy of the member of the Board shall be filled in as early as practicable:Provided that during any such vacancy the continuing members may act, as if no vacancy had occurred. (5)The procedure regarding the work of the Board shall be such as may be prescribed. (a)advise the State Government on matters concerning the grading and marketing of molasses, the prices at which molasses are to be sold and generally on their allocation for distilleries and other purposes, and (b)perform such other functions as may be prescribed. (2)Every such Inspector shall, subject to the control of the State Government and the Director, have power to inspect at all reasonable times the stocks of molasses held by any person or sugar factory, take samples from such molasses for analysis or testing or examine licences, permits, records, books, accounts, returns, documents or statements in the possession or custody of any person or sugar factory relating to transactions in molasses. (3)Every such Inspector shall exercise such other powers and perform such functions as may be conferred or imposed on him by or under this Act. (2)Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide -(a)for controlling the price at which and the manner in which molasses may be bought or sold generally or for any industrial purpose; (b)for regulating by licences, permits or otherwise the storage supply, transport, distribution, disposal, acquisition, possession, use or consumption of molasses; (c)for requiring any person or occupier of a sugar factory to sell molasses, held in stock by him or produced or to be produced in his factory, to the State Government to the exclusion, complete or partial, of others or to such person or class of persons and in such circumstances and upon such terms as may be specified in the order; (d)for the taking of samples and grading and testing of molasses; (e)for regulating or prohibiting any class of commercial or financial transactions relating to molasses, which in the opinion of the State Government are, or, if unregulated, are likely to be, detrimental to the public interest; (f)for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (g)for requiring occupiers of sugar factories and persons engaged in the production, supply or distribution of, or trade and commerce in, molasses, to maintain and produce for inspection of such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order ; and (h)for any incidental and supplementary matters, including in particular the grant or issue of licences, permits or other documents, their terms and conditions and the charging of fees therefore. (3)Where, in pursuance of any order made with reference to clause (c) of sub-section (2), any person sells molasses, there shall be paid to him the price therefore-(a)where the price can consistently with the controlled price, if any, be fixed by agreement, the price so agreed upon (b)where no such agreement can be reached, the price calculated with reference to the controlled price, if any, fixed under this Section; and (c)where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale. (4)An order made under this section shall, -(a)in the case of an order of a general nature of affecting a class of persons, be notified in the Official Gazette; (b)in the case of an order affecting an individual, Corporation or firm, be served in the manner provided for the service of a summons in rule 2 of Order XXIX or rule 3 of Order XXX as the case may be, in the First Schedule of the Code of Civil Procedure, 1908 (V of 1908); and (c)in the case of an order directed to a specified individual, be served on such individual-(i)by personally delivering or tendering to him the order, or (ii)by post, or (iii)where the individual cannot be found, by leaving an authentic copy of the order with some adult male member of his family, or by affixing such copy to some conspicuous part of the premises in which he is known to have last resided or carried on business or worked for gain. (5)Where a question arises whether a person was duly informed of an order made in pursuance of this Section, compliance with the requirements of sub-section (4) shall be conclusive proof that he was so informed; but failure to comply with the said requirements shall not preclude proof by other means that he was so informed or affect the validity of the order. (6)Any order made under this section shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act. (7)Where an order purports to have been made and signed by an authority in exercise of any power conferred by this Section, a Court shall, within the meaning of Indian Evidence Act, 1872 (I of 1872), presume that such order was so made by that authority. (2)Any Court trying such contravention may direct that any stock of molasses, in respect of which the Court is satisfied that the contravention has taken place, shall, along with any box, receptacle, package or covering containing such stock of molasses, be forfeited to the State Government. (2)Notwithstanding anything contained in sub-section (1), where offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager secretary or other officer of the company such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Explanation. - For the purposes of this section -(a)`Company' means a body corporate, and includes a firm or other association of individuals; and (b)`Director' in relation to a firm means a partner in the firm. (2)On the payment by such person of such sum of money, or such value, or both, as the case may be, such person, if in custody, shall be set at liberty and the property seized may be released. If any proceedings shall have been instituted against such person in any Criminal Court, the composition shall be deemed to amount to an acquittal and in no case shall any further proceedings be taken against such person or property with reference to the same facts.] (2)The provisions of [the Code of Criminal Procedure, 1973, (II of 1974)] shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under section [94] of the said Code. (2)Where no prosecution is instituted, or the offence is compounded under section 10, the Magistrate may, subject to the provisions of section 10, direct the return of such molasses or articles to the persons from whom they were seized, (2)In particular and without prejudice to the generality of the foregoing power, such rules may -(a)prescribe the specifications and tests in respect of the purity of molasses. (b)prescribe the other functions of the Molasses Board and the procedure for the conduct of its business and the performance of its functions.