5A. [ Additional price for sugarcane purchased on or after 1st October, 1974.] [Inserted by G.S.R. 402 (E), dated 25th September, 1974.]
(1)Where a producer of a sugar or his agent purchases sugarcane from a sugarcane grower during each sugar year, he shall, in addition to the minimum sugarcane price fixed under Clause 3 pay to the sugarcane grower an additional price, if found due in accordance with the provisions of the Second Schedule annexed to this Order.(2)The Central Government or the State Government, as the case may be, may authorise any person or authority, as it thinks fit, for the purpose of determining the additional price payable by a producer of sugar under sub-clause (1) and the person or authority, as the case may be, who determines the additional price, shall intimate the same in writing to the producer of sugar and the sugarcane grower connected with the supply of sugarcane to such producer of sugar.(3)(a)Any producer of sugar or sugarcane grower, who is aggrieved by any decision of the person or authority, referred to in sub-clause (2) may, within thirty days from the date of communication of such decision under that sub-clause, appeal to the Central Government or the State Government, as the case may be:Provided that the Central Government or the State Government as the case may be, may, if it is satisfied that the appellant had 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 or the State Government, as the case may be, 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 person or authority referred to in sub-clause (2) where no appeal is filed, and of the Central Government or State Government as the case may be, where an appeal is filed, shall be final.(4)The additional price determined under sub-clause (2) shall be paid by the producer of sugar to the sugarcane grower, at such time and in such manner as the Central Government or the State Government, as the case may be, may, from time to time direct.(5)No additional price determined under sub-clause (2) shall become payable by a producer of sugar who pays a price higher than the minimum sugarcane price fixed under Clause 3 to the sugarcane grower:Provided that the price so paid shall, in no case, be less than the total price comprising the minimum sugarcane price fixed under Clause 3 and the additional price determined under sub-clause (2).(6)Where any extra price is paid by the producer of sugar to the sugarcane grower for the supply of sugarcane in addition to the minimum sugarcane price fixed under Clause 3, the extra price so paid shall be adjusted against the additional sugarcane price determined under sub-clause (2), and the balance, if any, shall be paid to the sugarcane grower.(7)Subject to the provisions of Clause (4) the additional price shall become payable to a sugarcane grower if he, in performance of his agreement with a producer of sugar, supplies not less than 85 per cent of the sugarcane so agreed:[Provided that the additional price shall become payable to a sugarcane grower, even when he supplies less than 85 per cent of the sugarcane so agreed, if for the same supply he has not been subjected to any penalty by or under any Central or State Act or any rules or orders made thereunder for his failure to supply 85 per cent of sugarcane agreed.] [Added by the Sugarcane (Control) Amendment Order, 1975, vide Notification No. G.S.R. 492 (E) Ess./Com/Sugarcane, dated 12.9.1975, published in Gazette of India (Extraordinary), Part II, Section 3 (i), dated 12.9.1975, pages 1989-90.](8)Where the additional price determined under sub-clause (2) or sub-clause (3), as the case may be, is paid to a sugarcane growers' co-operative society or the local sugarcane grower's association of whatever name it may be called, it shall disburse the said additional price to such of its member, who has supplied not less than 85 per cent of the agreed sugarcane in performance of his agreement with it, within one month of the receipt of such additional price by it from the producer of sugar.(9)The additional price payable but not actually paid in view of sub-clause (7) shall be added to the amount found payable for the following sugar year arrived at as per provisions of the Second Schedule.Explanation. - For purpose of this clause and the Second Schedule,-(1)"Sugarcane grower" includes a grower of sugarcane, a sugarcane growers' co-operative society, or a sugarcane growers' association of whatever name it may be called and who enters into an agreement with a producer of sugar to supply sugarcane,(2)"Sugar year" means the year commencing on the 1st day of October, and ending with the 30th day of September in the year next following.(10)[ In case, the additional price determined under sub-clause (2) or sub-clause (3), as the case may be remains unpaid on account of the sugarcane grower not coming forward to claim it or for any other reason, it shall be deposited by the producer of sugar with the Collector of the District in which the factory is situated, within six months of the close of the sugar year. The Collector shall pay, out of the amount so deposited, all claims, considered payable by him and preferred before him within three years of the close of the sugar year in which the sugarcane was supplied to the factory. The amount still remaining undisbursed with the Collector, after meeting the claims of the sugarcane grower, shall be credited by him to the Consolidated Fund of the State, immediately after the expiry of the time limit of three years within which claims therefor could have been preferred by the sugarcane growers. The State Government shall, as far as possible, utilise such amounts for the development of sugarcane in the State.] [Inserted by Sugarcane (Control) Amendment Order, 1982, vide Notification No. G.S.R. 79 (E)/ESS./Com./Sugarcane, dated 24.2.1982.]
