Section 12 in The Sugarcane Control Order, 1966

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Union of India - Section

Section 12 in The Sugarcane Control Order, 1966

12. Repeal and savings.

(1)The Sugar-cane (Control) Order, 1955 and any Order made thereunder regulating or prohibiting the production, supply and distribution of sugarcane and trade or commerce therein are hereby repealed, except as respect things done or omitted to be done under any such Order before the commencement of this Order.

(2)Notwithstanding such repeal, an Order made by any authority which is in force immediately before the commencement of this Order and which is consistent with this Order shall continue in force and all appointments made, prices fixed, licences and permits granted and directions issued under any such Order and in force immediately before such commencement shall likewise continue in force and be deemed to be made, fixed, granted or issued in pursuance of this Order.[First Schedule] [Renumbered vide G.S.R. 402 (E)-Ess/Com./Sugarcane, dated September 25, 1974.][See Clause 5 (1)]The amount to be paid on account of additional price (per maund or quintal of sugar-cane) under Clause 5 by a producer of sugar shall be computed in accordance with the following formula, namely:

X100| x| (P - T - S - R)M| = Y

Explanation. - In this formula,-

(1)'X' is the percentage cost of -sugarcane to the total cost of sugar (excluding taxes) as determined by the Central Government from time to time on the basis of the recovery and duration of season of the factory for the year:Provided that the cost of sugar (excluding taxes) shall be worked out on the basis of the relevant schedule of costs given in the report of the Tariff Commission (1959) on the costs structure of sugar and fair price payable to the sugar industry, subject to the adjustment of such rise in cost subsequent to the Tariff Commission Enquiry in 1959 as in the opinion of the Central Government cannot be absorbed by the margin for contingency included in the relevant schedule and the consequent rise in return.

(2)"P" is the sum of,-

(i)the average ex-factory price (per maund or quintal) realised by a producer of sugar and adjusted to ISS Grand D-29 according to the price differentials fixed by Government;

(ii)the money realized by the producer of sugar from the sale of molasses, press mud and bagasse, in relation to each maund or quintal of sugar; and

(iii)any amount realized by the producer of sugar by way of refund or exemption of excise duty on cane cess or cane purchase tax or by way of grant of subsidy given by the Central Government or a State Government in relation to each maund or quintal of sugar;

Provided that out of the rebate of excise duty granted to a producer of sugar by virtue of the notification of the Government of India in the Ministry of Finance Nos. GSR-706, dated the 25th June, 1960 and GSR-664, dated the 4th May, 1961, only 75 per cent of such rebate shall be included.

(3)"T" is the amount paid in relation to each maund or quintal of sugar on account of excise duty, cane cess, cane purchase tax, commission paid to co-operative societies or cess imposed on sugar or sugarcane by the Central Government or a State Government or by any authority and any sum spent on approved schemes of sugarcane development.

(4)"S" is the actual amount of commission paid in relation to each maund or quintal of sugar:Provided that such amount shall not exceed seventy five paise for every sum of rupees one hundred of sugar sold:Provided further that no commission shall be taken into account in respect of sugar sold directly by a producer of sugar or in pursuance of any Order of the Central Government:

(5)"R" is such allowance per maund or quintal of sugar for the factory as may be deemed reasonable by the Central Government having regard to the amount actually spent by the factory on rehabilitation during the year and the amount transferred as reserve to a special rehabilitation account during the year.

(6)"M" is the weight in maunds or quintals of sugarcane required to produce a maund or quintal of sugar and such weight shall be calculated by dividing the total weight of the sugarcane purchased by the weight of the sugar produced therefrom and for this purpose, the weight of sugarcane purchased shall be the sum of the total weight of sugarcane crushed plus actual driage, subject to a ceiling of one per cent on the weight of sugarcane purchased at centres other than the factory gate.

(7)"Y" is the total sum of,-

(i)the minimum price of sugarcane per maund or quintal fixed by the Central Government under sub-clause (1) of Clause 3 of the Sugarcane (Control) Order, 1955;

(ii)any extra price paid by the producer for sugarcane in addition to the aforesaid minimum price, and

(iii)the premium if any, paid for any approved variety of sugarcane or under any scheme approved by the Central Government for payment of price of sugarcane on the basis of quality:

Provided that rebates, if any, allowed in the minimum price aforesaid (excluding a rebate allowed on account of transport charges) shall be deducted from the total sum aforesaid.[Second Schedule] [Inserted vide Notification No. 402(E)/Ess./Com./Sugarcane, dated 25.9.1974, published in Gazette of India (Extraordinary), Part II, Section 3 (i), dated 25.9.1974, pages 1785-87.](Se Clause 5-A)The amount to be paid on account of additional price (per quintal of sugarcane) under Clause 5-A by a producer of sugar shall be computed in accordance with the following formula, namely,-

X =| R - L + 2A +B2C

Explanation. - In this formula,-

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Union of India - Section

Section 12 in The Sugarcane Control Order, 1966

12. Repeal and savings.