Haryana Sugarcane (Regulation of Purchase and Supply) Rules, 1992
No: -- Dated: May, 14 1993
Haryana Government
Agriculture Department
No. S.O.43/P.A.40/53/S.20/93. - In exercise of the powers conferred by Section 20 of the Punjab Sugarcane (Regulation of Purchase and Supply) Act, 1953 and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules regulating the purchase and supply of the sugarcane, namely :-
1. Short title. - These rules may be called the Haryana Sugarcane (Regulation of Purchase and Supply) Rules, 1992.
2. Definitions. - In these rules, unless the context otherwise requires -
(a) "Act" means the Punjab Sugarcane (Regulation of Purchase and Supply) Act, 1953.
(b) "Bond" means an agreement made under these rules.
(c) "form" means a form appended to these rules.
(d) "purchasing centre" means any place at which cane is purchased, supplied, delivered, weighed or paid for by or on behalf of the factory and includes such portion of the premises of the factory at which any of these operations take place;
(e) "register" means a register mentioned in Rule 17;
(f) "section" means the section of the Act;
(g) "society" means the Cane Growers' Co-operative Society;
(h) "treasury" means the Government treasury at the head-quarters of district or a sub-treasury at the headquarters of a tehsil or sub-tehsil in Haryana;
(i) "weigh bridge" means any mechanism used to weigh cane and includes any weigh-bridge maintained or used by the occupier, manager or purchasing agent or by any person acting on his behalf;
(j) "year" means the agricultural year commencing on the first day of July and ending on the 30th day of June, next.
3. Sugarcane Control Board. [Sections 3 and 20(2)(a)] - (1) The Board shall consist of fifteen members including the Chairman.
(2) The Government shall, by notification, nominate seven official and seven non-official members which shall include representatives of the cane growers and sugar factories.
(3) The Minister for Agriculture shall be the ex officio Chairman of the Board.
(4) The Cane Commissioner shall be the Secretary of the Board.
(5) The Board shall, in addition to the powers and duties conferred or imposed upon it by the provisions of the Act, advise the Government on matters referred to it.
(6) The Board shall meet at least twice a year. Notice, in writing, of all meetings shall be circulated by the Secretary to all members not less than one week before the date fixed for the meeting, except in urgent cases, in which case, a meeting may be held on three days, notice which may be sent by letter to all members residing at the headquarters and by telegram to members not so residing.
(7) The nominated members of the Board shall hold office during the pleasure of the Government.
(8) When the place of a member nominated to the Board becomes vacant by resignation, death, removal or otherwise of such member, the Government shall nominate within three months a new member to fill the vacancy in accordance with the provision of sub-rule (2) and such new member shall hold office for the unexpired period of the term of office of the member in whose place he has been nominated.
(9) The procedure in form 1 to these rules shall be followed at the meetings of the Board.
4. Functions of committee or body. [Section 20(2)(c)] - (i) When a committee or body is established for the State or for any area thereof or a cane varieties committee or body for the State, is established under Section 4, the Government shall, appoint the Chairman and secretary thereof. In addition to the representatives of cane growers, the factories, the Government may appoint other persons not being growers or persons interested in factories to be members or ex officio members who shall ordinarily be residents of the area in respect of which the committee or body is established.
(ii) The functions of the committee or body shall be -
(a) to recommend ways and means of maintaining healthy relations between occupiers or managers of factories, cane growers societies and purchasing agents;
(b) to offer advice on any matter which may be referred to it by the Government, the Board or the Cane Commissioner, especially in respect of the regulation of the purchase of cane and to advice the Cane Commissioner with regard to the cane estimates submitted under Section 10 and assigning of the area from which the cane may be purchased;
(c) to bring to the notice of the Cane Commissioner cases of breach of any of the provisions of the Act and of the rules made thereunder and to make suggestions for the prevention of the same;
(d) to advice the Government regarding suitability or otherwise of cane varieties for different tracts; and
(e) to advise the Cane Commissioner in the cane development work.
(iii) The Secretary of the committee or body may subject to the control of the Chairman thereof convene meeting of the committee or body as often as may be necessary and shall do so when required by one-third of the members. He shall circulate the agenda, keep minutes of the meeting, carry on correspondence on behalf of the committee or body and discharge such other functions, as may be necessary for the proper performance of his duties. He shall forward a copy of the minutes of the meeting of the Cane Commissioner.
(iv) The term of appointment of the committee or body shall be one year or such other period as may be specified in the order of appointment.
(v) When the place of a member of the committee or body becomes vacant by the resignation, death, removal or otherwise of such member, the Government may appoint a new member to fill the vacancy within three months and such new member shall hold office for the unexpired period of the term of office of the member in whose place he has been appointed.
(vi) The procedure prescribed in Form II of these rules shall be followed at the meeting of the committee or body.