Notification
No. Py.11/48.-ln exercise of the powers conferred by sections
3 and 4 of the Essential Supplies (Temporary Powers) Act, 1946 (XXIV of
1946) and in super session of the Sugar Products Control Order, 1947,
dated 4th August, 1947, issued by the Department of Food, Government of
India, New Delhi by their Gazette, dated 16th August, 1947, the Government
of Pakistan in the Ministry of Food, Agriculture and Health is pleased
to make the following
Order:-
1. (i)
This Order may be called the Sugar and sugar Products Control Order, 1948.
(ii)
It extends to all the 'Provinces· of Pakistan.
(iii)
It shall come into force at once.
2. In
this Order unless there is anything repugnant in the subject or context:-
(a) "Controller"
means the person appointed as the Sugar Controller
for Pakistan by the Government of Pakistan and includes any person authorized
by the Controller to exercise all or any, of the powers of Controller
under this Order except those under clause 6 hereunder,
(b) "Dealer"
means a person carrying on business in the purchase, sale and for distribution
of sugar and sugar products.
(c) "Ex-factory
price" means the price of sugar inclusive of excise duty, packed
in accordance with the usual market practice and loaded at the buyers'
option on carts, lorries or other means of transport, or into railway
station or riding generally used by the producer and all incidental charges
including those for loading and forwarding, being on account of the ex-factory
seller.
(d) "Producer"
means a person carrying on the business of manufacturing sugar or sugar
products or both with the aid of electrical energy or any other form of
energy which is mechanically transmitted and is not generated by human
or animal energy.
(f) "Sugar"
means (i) any form of sugar containing more than 90 per cent of sucrose
(ii) any sugar or crystalline structure.
(g) "Sugar
Products" means any article manufactured from, and containing sugar
not less than 26 per cent of its weight.
3.
No producer shall dispose of or make delivery of, any sugar, except:-
(i) to
or through a recognised dealer; or
(ii)
to a person specially authorised in this behalf by the Controller to acquire
sugar on behalf of the Government of Pakistan or of a Provincial Government
or of a State in Pakistan.
4.
(1) If the Controller has reason to believe that the production of special
types of sugar or sugar products is likely to affect adversely the production
of adequate quantities of ordinary sugar, he may, by general or special
order, prohibit, or limit to such quantities as may be specified in the
order, the manufacture by producer or by producers generally of such types
or grades of sugar or sugar products the order may specify and not producer
to whom such, order applies shall manufacture any sugar products in contravention
thereof.
(2)
For the purposes of !sub-clause (i), “producer" includes a
person carrying on the business of manufacturing any form of sugar containing
more than 90 per cent sucrose including Khandsari Sugar, Desi Sugar and
Bura.
5. Every
producer and dealer shall comply with such directions regarding the production,
sales, stocks and or distribution of sugar products as may from time to
time he given to him by the Controller.
6. (1)
The Controller may, from time to time, fix with the prior approval of
the Federal Government by notification in the official Gazette the price
or maximum price at which any sugar or sugar product may be sold or delivered,
and different prices may be so fixed by him for different areas or different
types or grades of sugar or sugar products.
'(2)
Where the maximum price has been so fixed:--
(a) the
price at which sugar or sugar products may be sold for delivery otherwise
than ex-factory shall not exceed the price or maximum price, as the case
may be, fixed under sub-clause (d) for sale ex-factory plus such charges
in respect of transport to or in specified areas and other incidential
charges as are approved by the Controller;
(b) no
person shall sell or purchase or agree to sell or purchase such sugar
or sugar products at the price higher than that fixed under the provisions
of sub-clause (I).
(3) For
the purpose of sub-clause (1), the Controller or any person authorised
by him in this behalf may check, at any time, the accounts of any factory
producing sugar or sugar products.
7. (1)
The Controller may, from time to time with the prior approval of the Federal
Government:"
(i) allot
quotas of sugar or sugar products or of both for the requirements of any
specified province, or areas or market;
(ii)
issue directions to any producer or dealer to supply sugar or sugar products
to such provinces, areas, or markets of such persons or organisations,
in such quantities of such types or grades at such times, at such manner
as may be specified by the Controller:
Provided
that where price or maximum price of any sugar or sugar product has been
fixed in accordance with sub-clause (I) of clause 6 the Controller shall
in respect of sugar or sugar products specify the price or maximum price
under paragraph (ii) of this sub-clause accordingly.
(2)
The Controller may also, from time to time, require any producer or dealer
to keep in reserve stocks of sugar or sugar products in such quantities
and such types and grades as he may direct from time to time.
(3)
Every producer shall, notwithstanding any existing agreement with any
other person, give priority to and comply with any directions issued to
him
under sub-clause (I).
8. ( I ) No sugar shall be transported or offered or accepted for transport,
whether by rail, road or water or by any other means of transport and
whether by a
railway servant, common carrier. or other person except under and in accordance
with the terms of··
.
(a) general
or special permit issued by the Controller in this behalf, or
(b)
a Military Credit Note:
Provided
that nothing in this sub-clause shall apply to the transport' of sugar
not exceeding 5 seers as part of the personal luggage of a bona fide traveller.
(2)
A permit issued in pursuance of sub-clause (I) shall be returned by the
consignor to the Controller on completion of despatch or on expiry of
the period of its validity whichever is earlier, with the particulars
of actual despatches in the prescribed form. .
(3)
For the purposes of this clause "sugar" means (i) sugar manufactured
by any process, including sugar made in vacuum pan factories from cane
or gur or palmyrah jaggery, as well as Khandsari sugar, sugar-candy (misri)
and bum, (ii) and Sugar imported from other countries including India.
9. The
Controller may, by notification in the official Gazette, make rules for
carrying into effect the purposes and object of this Order.
10.
Notwithstanding the super session of the Sugar and Sugar Products Control
Order, 1947, dated 4th August, 1947, all notifications. rules, order,
authorizations. quotas, requirements and directions issued or deemed to
have been made there under or previously shall so far as the inconsistent
with this Order, be deemed to have been made hereunder and they shall
continue in force until rescinded or modified hereunder.
11.
If any person contravenes the provisions of this Order, then without prejudice
to any other punishment to which he may be liable any Court trying the
offence may order that any stocks of sugar or sugar products, together
with the packages and covering thereof; in respect of which the Court
is satisfied that the offence has been committed, shall be forfeited to
Government. |