Section 8 in The U.P. Sheera Niyantran Adhiniyam, 1964
8. Sale and supply of molasses.
(1)The Controller [may, with the prior approval of the State Government, by order require] [Substituted by U.P. Act No. 4 of 1998 (w.e.f. 8.1.1998).] the occupier of any sugar factory to [sell or supply] [Substituted by U.P. Act No. 5 of 1986 (w.e.f. 30.11.1985).] in the prescribed manner such quantity of molasses to such person, as may be specified in the order, and the occupier shall, notwithstanding any contract, comply with the order.[(1-a) Notwithstanding anything contained in sub-section (1) the occupier of a sugar factory shall sell or supply forty per cent of the molasses produced in each quarter of a molasses year in the sugar factory to such chemical industries which are actual users of molasses and are granted licence under the United Provinces Excise Act, 1910 ;Provided that such quantum of molasses as is not required by the said chemical industries may be sold or supplied by the occupier of the sugar factory to any other unit which is actual users of molasses with the prior approval of the Controller.] [Inserted by U.P. Act No. 4 of 1998,(w.e.f. 8.1.1998).](2)The order under sub-section (1)-(a)[ shall require supply to be made only to a person who requires it for his distillery or for any purpose of industrial development or for export to any other country;] [Substituted by U.P. Act No. 44 of 2018, dated 24.12.2018.](aa)[ may require the person referred to in clause (a) to utilise the molasses supplied to him under an order made under this section for the purpose specified in the application made by him under sub-section (1) of Section Z-A and to observe all such restrictions and conditions, as may be prescribed] [Inserted by U.P. Act No. 15 of 1974.];(b)may be the entire quantity of molasses in stock or to be produced during the year or for any portion; but the proportion of molasses to be supplied from each sugar factory to its estimated total produce of molasses, during tire year shall be the same throughout the State save where, in the opinion of the Controller, a variation is necessitated by any of the following factors :(i)the requirements of distilleries within the area in which molasses may be transported from the sugar factory at a reasonable cost;(ii)the requirements for other purposes of industrial development within such area; and(iii)the availability of transport facilities in the area.(3)The Controller may make such modifications in the order under subsection (1) as may be necessary to correct any error or omission or to meet a subsequent change in any of the factors mentioned in clause (b) of sub-section (2).(4)[ The occupier of a sugar factory shall be liable to pay to the State Government, in the manner prescribed, administrative charges at such rate, not exceeding [fifteen rupees] [Inserted by U.P. Act No. 5 of 1986, Section 2 (b) (w.e.f. 30th Nov. 1985)] per quintal as the State Government may from time to time notify, on the molasses sold or supplied by him.(5)The occupier shall be entitled to recover from the person to whom the molasses is sold or supplied an amount equivalent to the amount of such administrative charges, in addition to the price of molasses].
