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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.

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Levy Sugar Price Equalisation Fund Act, 1976 Section 7

Title: Excess Realisation Not to Be Paid to Any Producer of Sugar

State: Central

Year: 1976

Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no amount, representing excess realisations made by a producer or excess realisations made by a producer under the cover of any guarantee given by any person shall be paid to any producer.

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Levy Sugar Price Equalisation Fund Act, 1976 Complete Act

State: Central

Year: 1976

.....Central Government under clause (f) of sub-section (2) of section 3 of the Essential Commodities Act,' 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. SECTION 03: LEVY SUGAR PRICE EQUALISATION FUND (1) There shall be established a fund, to be called the Levy Sugar Price Equalisation Fund. (2) Save as otherwise [Provided in sub-section (5)], there shall be credited to the Fund, in such manner as may be prescribed, (a) the amounts representing all excess realisations made by the producers, irrespective of whether such excess realisations were made before or after the commencement of this (b) the amounts representing any loans which may be advanced, or grants which may be (3) Save as otherwise 4[provided in sub-section (5)], every producer shall," (a) in the case of an excess realistion made before commencement of this Act, within thirty days from such commencement, (b) in the case of an excess realisation made after such commencement, within thirty days from the date on which such excess realisation was made, (a)thereon at the rate of twelve and a half.....

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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.

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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.....

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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.

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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.

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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

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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.

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West Bengal Irrigation (Imposition of Water Rate) Act, 1974 Complete Act

State: West Bengal

Year: 1974

.....on; (14) "summer season" means the part of the year from March to April; (15) "year" means a period of twelve months commencing from July. Section 3 Act to override other laws The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract or usage. CHAPTER 2 Imposition and assessment of water rate Section 4 Preliminary notification for imposition of water rate (1)Whenever the State Government is of opinion that lands in any area are benefited or are likely to be benefited by irrigation during kharif season, rabi season or summer season by water supplied from any irrigation work, the State Government may, by notification, declare its intention to impose in such area a water rate for every kharif season, rabi season or summer season, as the case may be. (2) Such notification shall contain as full a description of the irrigation work as, in the opinion of the State Government, may be practicable and the boundaries of the area within which the State Government intends to impose the water rate. Section 5 Notified area for imposition of water rate (1) On the publication of.....

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