Bare Act Search Results

Levy Sugar Price Equalisation Fund Act, 1976 Section 3

Title: Levy Sugar Price Equalisation Fund

State: Central

Year: 1976

.....or in the custody of, any Government, bank, authority or other person; or (b) any amount in excess of the controlled price has been collected and kept by the producer under the cover of any guarantee given in pursuance of such order. (i) it shall not be necessary to credit such amounts to the Fund so long as the court which passed the interim order does not so direct." Omitted by the Levy Sugar Equalisation Fund (Amendment) Act, 1984, w.e.f. 23-08-1984. 4.Substituted for "interim order referred to in sub- section (4)")" by the Levy Sugar Equalisation Fund (Amendment) Act, 1984, w.e.f. 23-08-1984. 5. Substituted for "or in any court of appeal or revision, credit such amount, to the extent it represents any excess realisation, to the Fund. " by the Levy Sugar Equalisation Fund (Amendment) Act, 1984, w.e.f. 23-08-1984.

Levy Sugar Price Equalisation Fund Act, 1976 Complete Act

Title: Levy Sugar Price Equalisation Fund Act, 1976

State: Central

Year: 1976

Preamble1 - LEVY SUGAR PRICE EQUALISATION FUND ACT, 1976 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Levy Sugar Price Equalisation Fund Section4 - Determination of questions as to making of excess realisations Section5 - Discharge of persons of liability in respect of amounts credited to the Fund Section6 - Right of buyer to claim refund Section7 - Excess realisation not to be paid to any producer of sugar Section8 - Fund to vest in the Central Government Section9 - Power to require producers to maintain accounts, etc Section10 - Power of entry, search and seizure Section11 - Power of Central Government to recover excess realisations as arrears of land revenue Section12 - Dissolution of the Fund Section13 - Penalties Section14 - Removal of difficulties Section15 - Protection of action taken in good faith Section16 - Power to make rules Amending Act1 - LEVY SUGAR PRICE EQUALISATION FUND (AMENDMENT) ACT, 1984

Levy Sugar Price Equalisation Fund Act, 1976 Preamble 1

Title: Levy Sugar Price Equalisation Fund Act, 1976

State: Central

Year: 1976

1 THE LEVY SUGAR PRICE EQUALISATION FUND Act, 1976 [Act, No. 31 oF 1976] [16th February, 1976] PREAMBLE An Act to provide for the establishment, in the interest of the general public, of a fund to ensure that the price f levy sugar may be uniform throughout India and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:-- ________________________ 1. The Act was enforced on 01-04-1976.

Levy Sugar Price Equalisation Fund Act, 1976 Complete Act

State: Central

Year: 1976

.....time to time and pending disposal of the writ petitions, the courts had made interim orders permitting the producers to charge higher to the satisfaction of the Registrar of the Court. cases, while a large number of cases are still pending. The Bill provides that the monies representing the difference between the controlled prices and the higher prices charged by the producers should, in the first instance, be refunded to the consumers who had paid such higher prices. But, where such consumers do not come forward to claim the refund prices charged by the producers would, by virtue of the principles of bona vacantia (that is to say, the principle under which property vests in the State where there is no apparent rightful claimant to the property), vest in the Central throughout India is uniform so that the benefit of the money accruing to the Central Government may be derived by all the consumers."See Gaz. of India; 27-1-1976, Part II, S. 2, Extra., p. 474. Act S4 of 84." The following are important amendments which the Bill seeks to make in the Act:" excess realization includes not only the excess price charged by the producer but also any amount charged by the producer by way.....

Levy Sugar Price Equalisation Fund Act, 1976 Section 2

Title: Definitions

State: Central

Year: 1976

.....fixed; (d) "Fund" means the Levy Sugar Price Equalisation Fund, established under section 3; (e) 2 [levy sugar" means the sugar requisitioned by the Central Government under clause (f) of sub-section (2) of section 3 of the Essential Commodities Act, 1955(10 of 1955);] (f) "prescribed" means prescribed by rules made under this Act; (g) "producer" means a person carrying on the business of manufacturing sugar by the vacuum pan process. ________________________ 1. Inserted by the Levy Sugar Equalisation Fund (Amendment) Act, 1984, w.e.f. 23-08-1984. 2. Substituted for words " "levy sugar" has the meaning assigned to it in the Levy Sugar Supply (Control) Order, 1972, published with the Order of the Government of India, in the late Ministry of Agriculture (Department of Food), No.GSR 310 (E)/Ess.Com./Sugar, dated the 15th June, 1972;" by the Levy Sugar Equalisation Fund (Amendment) Act, 1984, w.e.f. 23-08-1984.

Levy Sugar Price Equalisation Fund Act, 1976 Section 6

Title: Right of Buyer to Claim Refund

State: Central

Year: 1976

.....on the incidence of such excess over the controlled or fair price of levy sugar to any other person as part of the price of any product in the manufacture of which such sugar has been used or, as the case may be, to the consumer by whom the price of such sugar was paid. ] (2) Every application for refund under sub- section (1) shall be made to the Central Government within six months from the date on which the excess realisation, in relation to which such refund is claimed, is credited to the Fund, and every such application shall be in such form as may be prescribed and shall be accompanied by such documentary or other evidence as the applicant may furnish to establish that the excess realisation, in relation to which such refund is claimed, was made from him. (3) The Central Government shall, if satisfied, on a scrutiny of the claim made under sub- section (1), that an excess realisation was made from the claimant, direct that refund be made from the Fund to the claimant to the extent of the2[excess realisation made from him together with interest (if any) thereon credited to the Fund]: Provided that if the amount standing to the credit of the Fund is not sufficient to.....

Levy Sugar Price Equalisation Fund Act, 1976 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1976

(1) This Act may be called the Levy Sugar Price Equalisation Fund Act, 1976. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Levy Sugar Price Equalisation Fund Act, 1976 Section 5

Title: Discharge of Persons of Liability in Respect of Amounts Credited to the Fund

State: Central

Year: 1976

Where any amount is credited to the Fund under section 3,1[the producer concerned] shall, upon such crediting, be discharged from the liability to make repayment of such amounts to the persons entitled thereto and such discharge from liability to make repayment shall be without any prejudice to any penalty which may be imposed on such producer for each excess realisation made by him. ________________________ 1. Substituted for "the producer by whom such amount is credited" by the Levy Sugar Equalisation Fund (Amendment) Act, 1984, w.e.f. 23-08-1984.

Levy Sugar Price Equalisation Fund Act, 1976 Section 11

Title: Power of Central Government to Recover Excess Realisations as Arrears of Land Revenue

State: Central

Year: 1976

If any producer makes any default in crediting to the Fund1[any excess realisation made by him, or any interest due on such excess realisation or any part of such excess realisation or interest, such excess realisation or such interest or such part], as the case may be, shall be recoverable by the Central Government from such producer as an arrear of land revenue. ________________________ 1. Substituted for "any excess realisations made by him or any part thereof, such excess realisations or such part" by the Levy Sugar Equalisation Fund (Amendment) Act, 1984, w.e.f. 23-08-1984.

Levy Sugar Price Equalisation Fund Act, 1976 Section 13

Title: Penalties

State: Central

Year: 1976

(1) If any producer-- (a) makes any default in crediting to the Fund any excess realisations made by him or any part thereof,1[any excess realisation made by him or any interest due on such excess realisation or any part or such excess realisation or interest] or (b) having been required by the Central Government so to do, omits or fails to-- (i) maintain any books, accounts or other records in relation to levy sugar, or (ii) maintain any books, accounts or other records for inspection, or (iii) furnish any information or furnishes any information which is incorrect or false in material particulars, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both. (2) No court shall take cognizance of any offence punishable under this Act except on the complaint in writing made by the Central Government or by any officer or authority authorized, in writing, by that Government in this behalf. ________________________ 1. Inserted by the Levy Sugar Equalisation Fund (Amendment) Act, 1984, w.e.f. 23-08-1984.