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State of Uttar Pradesh - Section

Section 9 in The U.P. Sugarcane Supply and Purchase Order, 1954

9. Date of offer.

......................................Signature of the cane-grower or authorised representative of a Cane-grower's Co-operative Society.Dated...................Form BAgreement between a Cane-grower and the Occupier of a factory[Clauses 3 (3) and 4 (1)]I,.........................................son of ................................................. caste .............................. a cane-grower of village ................................ pargana...................................district.......................................... hereinafter to be referred to as the first party and .............................. the occupier of ......................................... factory hereinafter to be referred to as the second party, hereby enter into an agreement for the sale and purchase of cane on the following terms:
(1)The first party agrees to sell during the season 19________, 19_______, his sugarcane crop standing on.....................[hectares] [Substituted by Notification No. 3178/S-XVIII-C-1621-61, dated 13.10.1961.] as detailed below with an approximate yield of................................[quintals] [Substituted by Notification No. 3178/S-XVIII-C-1621-61, dated 13.10.1961.] to the second party at the minimum price notified by Government subject to deductions, if any, as may be notified by the Government from time to time. The first party further undertakes to supply good cane free from leaves, tops, and roots at the factory gate or at ..................... purchasing centre in such quantities and on such date as may be specified in the requisition slips issued by the occupier of the factory in conformity with this agreement and the instructions issued by the Cane Commissioner.
(2)The cane shall be taken by the second party in instalments equitably spread over the whole working period of the factory.
(3)In the event of wilful failure to supply at least 5 per cent of the agreed quantity of sugarcane, the first party shall be liable to pay the second party compensation at a rate not exceeding [thirty three paise per quintal] [Substituted by Notification No. 3178/S-XVIII-C-1621-61, dated 13.10.1961.] on such deficit.
(4)In case the first party wilfully fails to supply cane to the second party on three consecutive occasions according to the requisition made by the second party, the first party shall cease to have a claim to sell cane to the second party.
(5)In the event of the second party wilfully failing to take delivery of the cane, which the first party is ready to deliver in accordance with this agreement, the second party shall be liable to pay to the first party the actual price of the quantity of such cane which he fails to purchase. In the event of the second party otherwise than wilfully failing to purchase cane in accordance with this agreement, he shall be liable to pay the first party compensation at a rate not exceeding [thirty three paise per quintal] [Substituted by Notification No. 3178-S/XVIII-C-1621-61, dated 13.10.1961.] for such quantity of cane as the second party fails to buy; provided that for any deficiency in purchase in the instalments fixed for the period after 1st day of April the second party shall be liable to pay compensation to the first party at a rate not exceeding [sixty six paise per quintal] [Substituted by Notification No. 3178-S/XVIII-C-1621-61, dated 13.10.1961.].
(6)In the event of a breakdown at the factory or of other circumstances due to natural causes, calamities or accident beyond human control, arising to show that the second party will not be able to purchase the cane as he has agreed to purchase the first party, after giving a week's notice to the second party and with the previous permission of the Cane Commissioner shall have the option of making other arrangements for the disposal of the cane and in such case no compensation shall be payable by either party to the other.
(7)No compensation for breach of this agreement shall be payable by either party when such breach is due to natural causes, calamities or accidents beyond human control.
(8)Any dispute between the parties regarding the quality and condition of the cane, the place of delivery, the instalments and other matters pertaining to the agreement shall be referred to arbitration in the manner provided for in the rules. No, suit shall lie in Civil or Revenue Court in respect of any such dispute.................................Signature of the Cane-grower(or his thumb-impression)...........................Signature of the Occupier or hisauthorised representative in token of his accepting the above contractDated..................
  Area undersugarcane_____________________________      
Village Desi Improved___________________ Approximate yield in[Quintals] [Substituted by Notification No. 3178-S/XVIII-C-1621-61, dated 13.10.1961.] Quantity agreed for sale Remarks
Ratoon Plant
1 2 3 4 5 6 7
             
Form CAgreement between a Cane-grower's Co-operative Society and the Occupier of a factory[Clauses 3 (3) and 4 (1)]We ............................................................ the Cane growers' Co-operative Society acting through their authorized representatives, hereinafter to be referred to as the first party and ............... the occupier of .................. factory, hereinafter referred to as the second party, hereby enter into an agreement for the sale and purchase of cane on the following terms:
(1)The first party agrees to sell during the season 19. 19 for ....... [quintals] [Substituted by Notification No. 3178-S/XVIII-C-1621-61, dated 13.10.1961.] of sugarcane of the members of the society standing on .......... [hectares] [Substituted by Notification No. 3178-S/XVIII-C-1621-61, dated 13.10.1961.] as detailed below with an approximate yield of .................... [quintals] [Substituted by Notification No. 3178-S/XVIII-C-1621-61, dated 13.10.1961.] to the second party at the minimum price notified by Government from time to time, provided that the price payable by the second party to the first party shall not in any case be lower than that paid generally by the second party to other growers of the villages in which Co-operative Societies operate. The first party further undertakes to supply good cane free from leaves, tops and roots at the factory gate or at ........................ purchasing centre in such quantities and on such dates as may be specified in the requisition slip issued by the occupier or manager of the factory in conformity with this agreements and the instructions issued by the Cane Commissioner.
(2)The cane shall be taken by the second party in instalments equitably spread over the whole working period of the factory.
(3)In the event of wilfully failure to supply at least eighty-five per cent of the agreed quantities of sugarcane, the first party shall be liable to pay the second party compensation at a rate not exceeding [thirty three paise per quintal] [Substituted by Notification No. 3178-S/XVIII-C-1621-61, dated 13.10.1961.] on such deficit.
(4)In case the first party wilfully fails for a fortnight to supply cane to the second party in accordance with the requisition made by the second party, the first party shall cease to have a claim to sell cane to the second party.
(5)The second party shall ordinarily send his requisition for cane to the first party at least four days before the cane is required and will not make changes within this period without sufficient reasons.
(6)In the event of the second party without wilfully failing to take delivery of the cane, which the first party is ready to deliver in accordance with this agreement, the second party shall be liable to pay to the first party the actual price of the quantity of such cane which he fails to purchase. In the event of the second party otherwise than wilfully failing to purchase cane in accordance with this agreement he shall be liable to pay the first party compensation at a rate not exceeding[thirty three paise per quintal] [Substituted by Notification No. 3178-S/XVIII-C-1621-61, dated 13.10.1961.] for such quantity of cane as the second party fails to buy; provided that for any deficiency in the purchase in the instalments fixed for the period after 1st day of April, the second party shall be liable to pay compensation to the first party at a rate not exceeding [sixty six paise per quintal] [Substituted by Notification No. 3178-S/XVIII-C-1621-61, dated 13.10.1961.].
(7)In the event of a breakdown at the factory or of other circumstances due to natural causes, calamities or accidents beyond human control arising to show that the second party will not be able to purchase the cane he has agreed to purchase, the first party, after giving a week's notice to the second party and with the previous permission of the Cane Commissioner, shall have the option of making other arrangements for the disposal of the cane and in such case no compensation shall be payable by either party to the other.
(8)No compensation for breach of this agreement shall be payable by either party when such breach is due to natural causes, calamities or accidents beyond human control.
(9)Any dispute between the parties regarding the quality and condition of the cane, the place of delivery, the instalments and other matter pertaining to this agreement, shall be referred to arbitration in the manner provided for in the rules. No suit shall lie in a civil or revenue court in respect of any such dispute..............................Signature of the authorisedrepresentative of Cane-grower'sCo-operative Society Ltd............................Signature of the occupier or hisauthorised representative in token ofhis accepting the above contract.Dated.....................
  Area undersugarcane      
Village Desi Improved Approximate yield in[Quintals] [Substituted by Notification No. 3178-S/XVIII-C-1621-61, dated 13.10.1961.] Quantity agreed for sale Remarks
Ratoon Plant
1 2 3 4 5 6 7
             
[Form D] [Forms D and E omitted by U.P. Sugarcane Supply and Purchase (Third Amendment) Order, 1980, dated 1.11.1980.][Form E] [Forms D and E omitted by U.P. Sugarcane Supply and Purchase (Third Amendment) Order, 1980, dated 1.11.1980.]