State : Central
Year : 1976
LEVY SUGAR PRICE EQUALISATION FUND ACT, 1976 LEVY SUGAR PRICE EQUALISATION FUND ACT, 1976 31 of 1976 16th February, 1976 Since the beginning of 1972-73 Sugar Season, the Government of India have, as a matter of policy, been distributing levy sugar through fair price shops to the consumers at a uniform price throughout the country, by pooling Essential Commodities Act, 1955. These prices have been challenged by a number of producers from 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..... List Judgments citing this sectionTitle : 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..... List Judgments citing this sectionTitle : Levy Sugar Price Equalisation Fund (Amendment) Act, 1984
State : Central
Year : 1976
View Complete Act List Judgments citing this sectionTitle : Levy Sugar Price Equalisation Fund
State : Central
Year : 1976
(1) There shall be established a Fund, to be called the Levy Sugar Price Equalisation Fund. (2) Save as otherwise1[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 Act; (b) the amounts representing any loans which may be advanced, or grants which may be made, by the Central Government for carrying out the objects of the Fund. (3) Save as otherwise1[provided in sub- section (5)], every producer shall,-- (a) in the case of an excess realisation made before the commencement of this Act, within thirty days from such commencement, (b) in the case of..... View Complete Act List Judgments citing this sectionTitle : Definitions
State : Central
Year : 1976
In this Act, unless the context otherwise requires,-- (a) "controlled price" means the price of the relevant grade of levy sugar, determined from time to time under sub-section (3C) of section 3 of the Essential Commodities Act, 1955 (10 of 1955), or under the Defence and Internal Security of India Rules, 1971, in relation to any year of production; (b) "excess realisation", in relation to each grade of levy sugar,-- (i) means the price realised by any producer, on the sale of levy sugar of such grade, in excess of-- (a) the controlled price, or (b) where any fair price has been fixed by a court for levy sugar of such grade, such fair price, and (ii) includes any realisation representing the difference between the controlled price and the price allowed by the court by an..... View Complete Act List Judgments citing this sectionTitle : Right of Buyer to Claim Refund
State : Central
Year : 1976
(1) Where any amount is credited to the Fund, a refund shall be made from the Fund to the buyer of levy sugar from whom any excess realisation was made by the producer or dealer: Provided that no buyer shall be entitled to claim a refund under this sub- section if he,-- (a) being a wholesale dealer, had passed on the incidence of such excess over the controlled or fair price of levy sugar to the retail dealer by whom the price of such sugar was paid, of (b) being a retail dealer, had passed on the incidence of such excess over the controlled or fair price of levy sugar to the consumer by whom the price of such sugar was paid. 1[or] 1[(c) being a person who is not a wholesale dealer or a retail dealer had passed on the incidence of such excess over the controlled or fair price of..... View Complete Act List Judgments citing this sectionTitle : 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. View Complete Act List Judgments citing this sectionTitle : Fund to Vest in the Central Government
State : Central
Year : 1976
(1) Any money paid into the Fund, which remains unclaimed after the expiry of the period of six months from the date on which it is credited to the Fund, shall vest in the Central Government and such amount shall be utilised by that Government in such manner as may be prescribed having regard to the interests of the consumers of levy sugar as a class and the need to ensure that the retail price of levy sugar throughout India is uniform: Provided that, notwithstanding the vesting of such money in the Central Government, a claim for the refund of money standing to the credit of the Fund may be made [in the manner specified in sub-section (2) of section 6] at any time by a buyer who is lawfully entitled to make such claim, and every such claim, if admitted, shall be dealt with as if the..... View Complete Act List Judgments citing this sectionTitle : 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..... View Complete Act List Judgments citing this sectionTitle : 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. View Complete Act List Judgments citing this section