Section 32 in Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981
32. Purchase of cane grown in a reserved area.
(1)The Cane Commissioner may, by order notified in the official Gazette, fix with respect to any specified sugarcane-grower or sugarcane-growers concerned as the case may be which each sugarcane-grower by himself or if he is a member of a co-operative society of the reserved area, through such society, shall supply to the factory concerned.(2)Every sugarcane-grower, co-operative society or occupier of the factory concerned shall be bound to supply or purchase, as case may be, the quantity or proportion of sugarcane fixed under sub-section (1) by entering into agreement in the manner specified in sub-section (3) and (4) and any willful failure on the part of any such person to do so shall constitute a breach of the provisions of this Act:Provided that where the default committed by any co-operative society is due to any failure on the part of any of its members, such co-operative society shall not be bound to make supplies of cane to the factory to the extent of such default.(3)A cane-grower or a co-operative society in a reserved area may offer in the form and by the date prescribed to supply to the occupier of the factory for which the area is reserved cane grown in such area by the cane-grower or by the members of co-operative society or societies as the case may be.(4)The occupier of a factory for which an area is reserved shall enter into an agreement in such form, by such date and on such terms and conditions as may be prescribed, to purchase the cane offered in accordance with the provisions of sub-section (3).Provided that-(i)such occupier shall not purchase or enter into an agreement to purchase cane grown in a village by a member of the co-operative society of that village except from the cooperative society concerned;(ii)the occupier shall not be required to purchase, or enter into an agreement, to purchase, sugarcane of any variety, if the sugarcane of such variety has been declared by notification under section 36, to be unsuitable for use in such factory;(iii)where in any village the number of cane-growing members of a co-operative society is one and a half times the number of cane-growers or more the occupier shall not, if an order in this behalf is made by the Cane Commissioner in the prescribed manner, and is published in the official Gazette purchase or enter into an agreement to purchase, so long as such order is in force, cane grown by any cane-grower of the village except through the co-operative society concerned; and(iv)where in any special circumstances, the State Government, by notification in the official Gazette so directs, the occupier of a factory or any person employed by him for the purpose of purchasing cane shall not purchase or enter into an agreement to purchase cane grown in any reserved area or part thereof, except through a co-operative society.(5)An appeal against any order of the Cane Commissioner under sub-section (1) or subsection(4)may be preferred to the prescribed authority within fifteen days of the publication of the notification in the official Gazette and subject to the result of such appeal, if any, such order shall be final.(6)Except with the permission of the State Government, cane grown in a reserved area shall not be sold to or purchased by-(i)the occupier of any factory other than the factory for which the area is reserved; or(ii)any person for the purpose of supply to any factory other than the factory for which the area is reserved; or(iii)the owner of a unit to whom a licence has not been granted under section 16.(7)Cane grown in a reserved area shall not be sold by any person other than a cane-grower or through a carrier.Provided that a cane-grower or a co-operative society may deliver cane through another canegrower or through a carrier.(8)During the crushing year, the State Government may, by order, direct that sugarcane grown outside the reserved area shall not be purchased by the occupier of a factory or any person on his behalf until the occupier of the factory enters into an agreement to purchase all the sugarcane in the reserved area offered to him within the time to be specified in the order:Provided that such prohibition shall not apply in respect of cane grown outside the reserved area for the supply of which the Cane Commissioner shall issue orders.(9)Subject to the provisions of sub-section (1), the State Government may prohibit or restrict or otherwise regulate the movement of sugarcane from any reserved area except under and in accordance with a permit issued by it in this behalf.
