Bihar Molasses (Control) Act, 1947
No: 6 Dated: Jun, 16 1947
The Bihar Molasses (Control) Act, 1947
Bihar Act 6 of 1947
An Act to provide for the control of the distribution, supply, storage and price of molasses produced by factories in the State of Bihar.
Whereas, it is expedient to provide for the control of the distribution, supply, storage and price of molasses produced by factories in the State of Bihar.
It is hereby enacted as follows:-
1. Short title, extent and duration. - (1) This Act, may be called the Bihar Molasses (Control) Act, 1947.
(2) It extends to the whole of the State of Bihar.
(3) [Omitted by Act 1 of 1964.]
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context:-
(a) "Controller" means the Excise Commissioner as defined in clause (7) of Section 2 of the Bihar & Orissa Excise Act, 1915 (B & O. Acts II of 1915);
(aa) "Excise Officer" shall have the same meaning as is assigned to it by the Bihar and Orissa Excise Act, 1915;
(b) "Manager" in relation to a Sugar Factory, means the manager of the factory appointed under Section 13 of the Bihar Sugar Factories Control Act, 1937 (Bihar Act VII of 1937);
(c) "Molasses" means final residual by-product of factories manufacturing sugar from cane or by refining gur, by means of vacuum pans but does not include convertible molasses, which are the final residual byproduct of sugar factories operating on the open pan system;
(d) "Stockist" means any person holding stocks of molasses for distillation, or for purposes of sale or resale under a licence granted under this Act;
(e) the words "Cane", "Factory", "Occupier of a factory" and "Sugar" have the meaning respectively assigned to them in Section 2 of the Bihar Sugar Factories Control Act, 1937 (Bihar Act VII of 1937);
[(f) "released molasses" means such molasses which is allotted to any distillery of the State of Bihar, or to the distilleries outside the State of Bihar or to any person.]
[(g) "Prescribed" means prescribed by Rules made under this Act];
[(h) "Board" means Board of Revenue.]
3. Submission of returns by occupiers of factories and stockists. - Every owner, manager or occupier of a factory and every stockist shall furnish to the Controller within the time and in the manner specified by the Controller such returns relating to stocks of molasses as the Controller may, by order from time to time, direct.
[4. No molasses produced in the State nor any molasses held by the stockists in this State, shall, without the permission of the Controller, be moved by rail, road or river from any place in the State to any other place therein:
Provided that where an agreement or contract for the supply of molasses has been entered into in accordance with the provisions of Section 5, when the Controller has issued direction under Section 6, permission for such movement shall not be refused by the Controller:
Provided further that the Controller shall not issue movement order for any molasses except on payment of the permit fee by the person desiring to move molasses as may be prescribed by State Government from time to time by notification in the Official Gazette:
Provided further also that no movement permit shall be required for movement of any molasses to distilleries of this State.]
5. Occupiers of factories and stockists not to enter into agreement except with the permission of Controller. - Notwithstanding anything contained in any other law for the time being in force, no owner, manager or occupier of a factory or- stockist shall enter into any agreement or contract, express or implied, with any person, other than the Government or a person, firm, company or association licensed by the Controller in its behalf for the supply of molasses, except with the permission of the Controller and subject to such terms and conditions as the Controller may from time to time impose.
6. Power of Controller to issue directions. - The controller may, from time to time, issue directions to the owner, manager or occupier of any factory or to any stockist to supply molasses to the State Government or to such distillery or distilleries or to such persons or organisations at such times and in such manner as may be specified in the directions.
7. Compliance with directions issued by Controller. - Every owner, manager or occupier of a factory and every stockist shall notwithstanding any agreement or contract, express or implied, between such producer or stockist and any other person made before or after the commencement of this Act, give priority to and comply with any direction which may from time to time, be issued to him under Section 6, for supply of molasses to the State Government or distilleries.