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State of Telangana - Section

Section 28 in Telangana Sugarcane (Regulation of Supply and Purchase) Act, 1961

28. Power to make rules.

(1)The Government may, by notification, make rules to carry out the purposes of this Act.
(2)Without prejudice to the generality of the foregoing power, such rules may provide for-
(a)the constitution of the committee and the council;
(b)the dissolution and reconstitution of the committee and the council and other matters incidental thereto;
(c)the procedure to be followed for removal of members of the council;
(d)the procedure to be followed by the committee and the council for the conduct of business at meetings;
(e)the manner of summoning of the [joint meeting of the councils] [Substituted by Act No. 25 of 1976.] under section 6, the business to be transacted at such meeting and the procedure for the transaction of such business;
(f)the manner in which the accounts of the fund placed at the disposal of the council under section 8 shall be maintained and the application of and payment from such fund;
(g)the directions to be issued by the Government to the committee and the council for carrying out the purposes of this Act;
(h)the powers and functions of the Cane Commissioner;
(i)the matters relating to the appointment and conditions of service of the Deputy Cane Commissioner and Inspectors to be appointed under sections 10 and 11 and their powers and functions;
(j)the time within which applications and appeals may be presented under this Act, in cases for which no specific provision in that behalf has been made in this Act;
(k)the fees to be paid in respect of applications and appeals under this Act;
(l)the form of agreement to be entered into under the provisions of this Act and the penalty to be paid for breach of any condition of the agreement;
(m)the supervision and control to be exercised over the council and the audit of its accounts;
(n)the correct weighment of cane and the provision of facilities for weighment and for checking weighments;
(o)the provision of approach roads, parking space for carts bringing cane to factories, sheds for bullocks and cart-drivers, water troughs for bullocks and other ancillary matters;
(p)notwithstanding anything in the Industrial Disputes Act 1947 (Central Act 14 of 1947), [the Andhra Pradesh (Andhra Area) Co-operative Societies Act, 1932, (Act 6 of 1932) and the Andhra Pradesh (Telangana Area) Co-operative Societies Act, 1952 (Act 16 of 1952)] [Since both the Acts are repealed see now the Telangana Cooperative Societies Act, 1964 (Act No.7 of 1964).], the reference to the Cane Commissioner of disputes-
(i)regarding the supply and purchase of cane between a factory and a cane grower or a cane growers' co-operative society or between members of a cane growers' co-operative society and the society;
(ii)between the council and a cane growers' co-operative society or a factory or a cane grower regarding the payment of contribution to the council by the society, factory or cane grower;
(iii)relating to any other business of the council ; for decision or, if he so directs, to arbitration, the mode of appointing arbitrator, the procedure to be followed before the Cane Commissioner or the arbitrator and the enforcement of the decision of the Cane Commissioner or the award of the arbitrator;
(q)the form of the statements, returns, registers and other records required to be furnished or maintained by or under this Act;
(r)the form and the manner in which applications shall be made by or under this Act;
(s)the duties of any officer or authority having jurisdiction under this Act and the procedure to be followed by such officer or authority;
(t)the matters which are to be or may be prescribed.
(2A)[ Any rule under this Act may be made with retrospective effect and when such a rule is made, the reasons for so making the rule shall be specified in a statement to be laid before both Houses of the State Legislature.] [Inserted by Act No.25 of 1976.]
(3)Every rule made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and, if before the expiry of the session in which it is so laid or the session immediately following, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.