THE KARNATAKA SUGAR (REGULATION OF PRODUCTION) ORDER, 1975 CONTENTS

Transcription

1 THE KARNATAKA SUGAR (REGULATION OF PRODUCTION) ORDER, 1975 CONTENTS Clauses Page No. 1. Title and commencement Definitions (a) Form (b) Licence (c) Words and expressions Licence for the manufacture of sugar Issue of licence and fees Suspension or cancellation of licence 2040 FORMS I AND II SO In exercise of the powers conferred by Clause 3 of the Sugar(Control) Order, 1966 read with Notification No.GSR 1291/ESS.Com./Sugar, New Delhi dated the 24 th August, 1967 of the Government of India, Ministry of Food, Agriculture Community Development and Co-operation(Department of Food), the Government of Karnataka hereby makes the following Order, namely- 1. Title and Commencement- This Order may be called the Karnataka Sugar(Regulation of Production) Order, (a) It shall come into force at once. 2. Definitions- In this Order unless the context otherwise requires- (a) (b) Form means a form appended to this Order: License means a person to whom a licence has been granted under Clause 4

2 (c) Words and expressions used in this Order but not defined shall have the meaning assigned to them in Clause 2 of the Sugar (Control) Order, Licence for the manufacture of sugar No sugar shall be manufactured from sugarcane except under and in accordance with the conditions specified in a licence issued for the purpose by the State Government. 4. Issue of license and fees (1) Application for the grant of licence referred to in Clause 3 or for the renewal thereof shall be made in form I to the Secretary to Government, in the Commerce and Industries Department and shall be accompanied by a fee as specified in the Table below:- 1. Rs.10,000 In respect of factories having crushing of not more than 2,500 TCD 2. Rs.15,000 In respect of factories having crushing capacity of more than 2500 TCD but nor more than 5000 TCD 3. Rs In respect of factories having crushing capacity of more than 5000 TCD (2) The fee payable under sub-clause (1) shall be paid into a Government Treasury under the appropriate head of account and the challan thereof shall be attached to the application. (3) On receipt of an application under sub-clause (1) the State Government may, after such enquiry as it thinks necessary, if satisfied that the licence may be granted or renewed as the case may be grant or renew a licence in Form II. (4) The State government may, for reasons to be recorded in writing, refuse to grant or renew licence after giving the applicant an opportunity of being heard.

3 (5) A licence granted or renewed under sub-clause(3) shall be valid up to 30 th September next following the date of issue and shall be subject to such conditions as may be imposed by the State Government from time to time 4. Suspension or cancellation of licence:- (1) Where the State Government is satisfied that a licensee has contravened any of the provision of this order or the conditions of the licence granted under Clause 4, they may, without prejudice to any penalty which may be imposed in respect of such contravention under the Essential commodities Act, 1955 (Central Act 10 of 1955), for reasons to be recorded in writing suspend or cancel the licence after giving the licensee a reasonable opportunity of being heard. (2) No license whose license is suspended or cancelled under this clause, shall be entitled to any compensation from the State Government on the ground of any loss or damage arising from such suspension or cancellation or to the refund of any fee paid to the State Government in respect of such licence.

4 FORM I Form of Application for Licence for Manufacture of Sugar from Sugarcane or for its Renewal (To be submitted to Secretary to Government of Karnataka, Commerce and Industries Department in triplicate) 1. Name, parentage, residence and place of business of the applicant. (a) In the case of a firm, names and addresses of the partners and the place of business of the firm. (b) In the case of a company registered under the Indian Companies Act, 1956, the name of the company and the address of the registered office with the names/and addresses of the Directors and of the Managing Director, the Secretary and the Chief Executive Officer of the company. 2. Site of the Factory. Village or Town Taluk District (Nearest Railway Station) 3. Quantity of sugarcane crushed during the three previous crushing seasons. 4. The number of days that the factory crushed sugarcane during three previous crushing seasons. 5. No. and date of Treasury Challan under which the prescribed fee has been deposited in the district or sub-treasury (The treasury challan should accompany the application). 6. The number and date of the licence to be renewed(in the case of applications for renewal) Signature of the Officer empowered to sign on behalf of the applicant Place: Date: Designation:

5 Department of Industries and Commerce, Vidhana Soudha, Bangalore. LICENCE FOR MANUFACTURE OF SUGAR FROM SUGARCANE BY VACUUM PAN PROCESS This licence is granted to occupier of the.situated at..to manufacture sugar from sugarcane in the said factory, subject to the terms and conditions hereinafter mentioned. This licence shall: TERMS AND CONDITIONS I. Exhibit the licence at some conspicuous part of the premises to which it relates and II. Comply with any general or special directions that may be given by the government of India, Government of Karnataka or nay officer authorized to do under sugar (Control) Order, 1966, or under the provisions of any order issued there under or under the Essential Commodities Act, III. This licence shall, unless cancelled earlier in accordance with any order, be in force for a period of one year commencing 1 st October. IV. The grant of this license is without prejudice to the terms and conditions of license under Industries (Development and Regulation) Act, Dated: Under Secretary to Government Commerce and Industries Department

6 GOVERNMENT OF KARNATAKA No.CI:180: SGF:04 Karnataka Government Secretariat Multistoried Building, Bangalore, Dated: 12 May 2005 NOTIFICATION In exercise of the powers conferred by sub-clause 3 of the Sugar (Control) Order, 1966, read with the Notification N.GSR1291/ESSCOM/Sugar, New Delhi, dated: of the Government of India, Ministry of Food, Agriculture Community Development and Co-operation(Department of Food), the Government of Karnataka here by makes the following rules further to amend the Karnataka Sugar (Regulation of Production) Order, 1975, namely:- 1. Title and commencement (1) this order may be called the Karnataka Sugar (Regulation of Production)(Amendment) Order, (2) They shall come into force from the date of their publication in the Official Gazette. 2. Amendment of clause 4:- In clause 4 of the Karnataka Sugar (Regulation of Production) Order, 1975:- 3. In sub-clause(1) at the end the following proviso shall be inserted, namely:- Provided that a license may be granted or renewed for a term of one, three or five years at a stretch at the same annual rate specified in this sub-clause By Order and in the name of the Governor of Karnataka (P.Ananda Kumar) Desk Officer (Sugar) Commerce and Industries Department To: Compiler, Karnataka Gazette for publication in the next issue of the Gazette and also requested to send 25 copies to this Department. Copy to:

7 1. Principal Secretary, Department Co-operation, M.S.Building, Bangalore. 2. Commissioner for Cane Development and Director of Sugar, B lore-1.