Section 3 in The U.P. Khandsari Sugar Manufacturers' Licensing Order, 1967
3. Grant of licence.
(1)No manufacturer shall without obtaining from the Licensing Authority, a licence, in the form prescribed in Schedule I undertake or carry on any process concerned with the manufacture of Khandsari sugar by means of a power crusher, bel or centrifugal:Provided that no licence shall be given to any person who is minor.(2)An application for grant or renewal of a licence under sub-clause (1) shall be made to the Licensing Authority by the date prescribed in Schedule II in the form prescribed in Schedule III and accompanied by a satisfactory proof of the payment of the fee prescribed in Schedule IV.In the case of a renewal of a licence, an application shall also be accompanied by the licence sought to be renewed, and if the licence is lost, destroyed, or misplaced, by an application under clause 5 for the issue of duplicate thereof.(3)Notwithstanding anything hereinafter contained no application for the grant or renewal of a licence shall be considered unless it is made in accordance with provisions of sub-clause (2).(4)[ An application for the grant or renewal of a licence shall be disposed by the Licensing Authority expeditiously and shall not be rejected except where the application has not been made by the prescribed date or on the prescribed form or in incomplete or is not accompanied by proof of the payment of the requisite fee or the Licensing Authority is of the opinion that it is necessary or expedient so to do in the public interest with a view to-(a)regulate the Khandasari Sugar Manufacturing Industry in the best interest of the industry; or(b)avoid uneconomical concentration of Khandsari units in any area; or(c)ensuring in a reserved or assigned area adequate supplies of sugarcane to a factory:Provided that while disposing of an application for grant or renewal of a Licence the Licensing Authority may also take into consideration-(a)the conduct of the applicant in carrying on any process of manufacture of Khandsari Sugar prior to the date of any application including the previous contravention, if any, or any provision of this Order, or condition of the licence; and(b)the total continuous period for which the applicant held licence under this order prior to the date of the application; and(c)the default, if any, made by the applicant in payment of dues under the Uttar Pradesh Sugarcane (Purchase Tax) Act, 1961 (U.P. Act No. XXIV of 1961);(d)the default, if any, made by the applicant in payment of the dues under the Uttar Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1953 (U.P. Act No. IX of 1953):Provided further that no application for renewal of a licence shall be rejected without giving the applicant a reasonable opportunity of being heard unless such application is made after the expiry of the prescribed date or is not accompanied by satisfactory proof of the payment of prescribed fee:Provided also that where an application for the grant or renewal of a licence is not disposed of by the commencement of the licensing year or within three months of the date on which the application is made, whichever is later and in respect for the licensing year 1982-83 by December 31, 1982.] [Substituted by Notification No. 6191S/XVIII-5-1692-82, dated 18.8.1983 (w.e.f. 18.8.1983).](5)An applicant aggrieved with the order of the Licensing Authority under sub-clause (4) may, within thirty days from the date of such order prefer an application to the State Government whose decision thereon shall be final.(6)An applicant shall be entitled to a refund of licence fee paid-(a)on the rejection of his application; or(b)where an appeal has been preferred under sub-clause (5) on the rejection of the appeal:Provided that the applicant shall not be entitled to the refund of late fee paid, if any.(7)Where a licensee surrenders the licence granted to him within thirty days of its receipt by him and satisfies the Licensing Authority that he has not availed of it in any manner, he shall be entitled to a refund of three-fourth of the licensing fee deposited by him.
