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Sugar Export Promotion Act, 1958 Complete Act

Title: Sugar Export Promotion Act, 1958

State: Central

Year: 1958

Preamble1 - SUGAR EXPORT PROMOTION ACT, 1958 Section1 - Short title and extent Section2 - Definitions Section3 - Export agency Section4 - Fixation of quantity of sugar for purposes of export Section5 - Export quotas for factories Section6 - Liability of owner to deliver export quota to export agency Section7 - Levy of additional excise duty on sugar Section8 - Sale by export agency of sugar delivered Section9 - Payments to owners in respect of sugar delivered Section10 - Power of Central Government to give directions Section11 - Delegation of powers Section12 - Protection of action taken under Act Section13 - Power to make rules Section14 - Repeal and saving

Sugar Export Promotion Act, 1958 Complete Act

State: Central

Year: 1958

.....as they apply in relation to the levy and collection of the duty on sugar or other sums of money payable to the Central Government under that Act or the rules made there under. SECTION 08: SALE BY EXPORT AGENCY OF SUGAR DELIVERED (1) The export agency shall take all practical measures to export sugar delivered to it under this Act: Provided that if the export agency is of opinion that having regard to the quality of the sugar delivered to it by any owner, or to the expenses involved in transporting the sugar from one place to another or to the delay likely to be involved in exporting it, or to the conditions prevailing in the markets for sugar, whether in or out of India or to any other relevant circumstances, it is expedient so to do, the export agency may sell the whole or any part of the sugar in India and may, if it thinks fit, purchase such quantity of sugar as if may consider necessary for export at the appropriate time. (2) For the purposes of sub-section (1), the export agency may itself sell sugar or permit the owner to sell the whole or any part of the export quota in his custody at a price approved by it on condition that the sale proceeds are payable to.....

Sugar Export Promotion Act, 1958 Section 5

Title: Export Quotas for Factories

State: Central

Year: 1958

The Central Government shall by order in writing, apportion the quantity of sugar fixed from time to time for purposes of export under section 4 among the owners in proportion to the quantity of sugar produced, or likely to be produced, by them respectively during the season referred to in sub-section (2) of section 4, and such order shall be communicated to each of the owners, and the quantity so apportioned shall be deemed to be the export quota for the factory of that owner.

Sugar Export Promotion Act, 1958 Section 8

Title: Sale by Export Agency of Sugar Delivered

State: Central

Year: 1958

(1) The export agency shall take all practical measures to export sugar delivered to it under this Act: Provided that if the export agency is of opinion that having regard to the quality of the sugar delivered to it by any owner, or to the expenses involved in transporting the sugar from one place to another or to the delay likely to be involved in exporting it, or to the conditions prevailing in the markets for sugar, whether in or out of India or to any other relevant circumstances, it is expedient so to do, the export agency may sell the whole or any part of the sugar in India and may, if it thinks fit, purchase such quantity of sugar as it may consider necessary for export at the appropriate time. (2) For the purposes of sub-section (1), the export agency may itself sell sugar or permit the owner to sell the whole or any part of the export quota in his custody at a price approved by it on condition that the sale proceeds are payable to it.

Sugar Export Promotion Act, 1958 Section 6

Title: Liability of Owner to Deliver Export Quota to Export Agency

State: Central

Year: 1958

(1) Every owner shall, on demand by the export agency, deliver to it from time to time sugar produced in his factory in such quantities (not exceeding in the aggregate his export quota fixed for the factory or group of factories, as the case may be), of such grade, in such manner, within such time and at such place, as may be specified by the export agency in this behalf. (2) When sugar has been delivered by an owner, in accordance with the provision of sub-section (1), the owner shall retain rip rights in respect of such sugar except his right to receive payment therefor under section 9.

Sugar Export Promotion Act, 1958 Section 3

Title: Export Agency

State: Central

Year: 1958

(1) For the purposes of this Act, the Central Government may, by notification in the Official Gazette', specify as an export agency any company within the meaning of the Companies Act, 1956, or any body of persons established or recognised as a body corporated by or under any other law for the time being in force. (2) Where any such company or other body corporate has been specified as an export agency, it shall be lawful for such agency to perform all or any of the functions of an export agency under the Act, notwithstanding anything to the contrary contained in the memorandum or article of association of the company or, as the case may be, the law applicable thereto.

Sugar Export Promotion Act, 1958 Preamble 1

Title: Sugar Export Promotion Act, 1958

State: Central

Year: 1958

THE SUGAR EXPORT PROMOTION ACT, 1958 [Act, No. 30 of 1958] [16th September, 1958] PREAMBLE An Act to provide for the export of sugar in the public interest and for the levy and collection in certain circumstances of an additional duty of excise on sugar produced in India. BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:

Sugar Export Promotion Act, 1958 Section 4

Title: Fixation of Quantity of Sugar for Purposes of Export

State: Central

Year: 1958

(1) The Central Government may, by notification in the Official Gazette, fix from time to time the quantity of sugar which may be exported during any period, and, in fixing such quantity, the Central Government shall have regard to (a) the quantity of sugar available in India, (b) the quantity of sugar which, in its opinion, would be reasonably required for consumption in India, (c) the necessity for exporting sugar with a view to earning foreign exchange in the public interest. (2) The power conferred by sub-section (1) shall be so exercised as to ensure that the quantity fixed under that sub-section for any year does not exceed in the aggregate twenty per cent, of the quantity of sugar produced in India in the season ending with the month of October falling within that year.

Sugar Export Promotion Act, 1958 Section 9

Title: Payments to Owners in Respect of Sugar Delivered

State: Central

Year: 1958

.....quantity of sugar delivered by them respectively during that year. (3) In making any distribution under this section, the export agency shall make such adjustments as may be necessary having regard to the grade of sugar delivered by any owner, the adjustments being made on the basis of sugar of ISS-E-29 grade and with reference to the price differential schedule for different grades of sugar which the Central Government may, by notification in the Official, Gazette, publish in this behalf. (4) Notwithstanding anything contained in this section and subject to the rules which may be made in this behalf, the export agency may make on account payments to owners against documents of delivery of sugar furnished by them, and such payments shall be adjusted at the time of final payment.

Sugar Export Promotion Act, 1958 Section 2

Title: Definitions

State: Central

Year: 1958

.....agency" means any such agency as may be specified in this behalf under section 3, and when no such agency has been so specified, the Central Government; (c) "export quota" means the export quota referred to in section 5; (d) "factory" means any premises (including the precincts thereof) wherein sugar is being produced by the vacuum pan process; (e) "owner" (i) with reference to any factory the possession of which has been transferred by lease, mortgage or otherwise, means the transferee so long as his right to possession subsists; (ii) with reference to any factory for which an agent, by whatever name called, is employed, means the agent if, and in so far as, he has been duly authorised by the owner in that behalf, and (iii) with reference to any factory the management of which has been taken over by any person or body of persons under the Industries (Development and Regulation) Act, 1951, means that person or body of persons; (f) "sugar" means any form of sugar containing more than ninety per cent, of sucrose; (g) "year" means the year beginning on the first day of May.