Clause 11 of the said Order enables the Central Government to direct by Notification in official gazette that powers companyferred upon it by that order shall be exercised also by any officer or authority of the Central Government or a State Government or any officer or authority of the State Government subject to such restrictions, exceptions, companyditions, if any, as may be specified in the direction.
a Full Bench of the Bombay High Court disposed of the proceedings with certain directions to the State Government in its judgment dated 23.9.1988.
In the event of cane grower or cane growers from the area reserved for a particular factory declining to supply came to the said factory on account of any of the following reasons, if found justified by the Permit Officer Non payment or late payment or cane price by the sugar factory or Non fulfilment of any of the obligations by the sugar factory arising out of agreement between the cane grower or cane growers and the sugar factory or Discrimination by the sugar factory in harvesting of cane and thereby causing loss to the cane grower or the cane growers Provided that before passing any order under this sub clause, for any of the reasons, the Permit Officer shall give the parties companycerned a reasonable opportunity of being heard in person of through the authorised representative.
1 if Clause 6 and sub cl.
In exercise of the said power under clause 11, the Central Government issued a Notification dated 16th July 1966 in the following terms N O T I F I C A T I O N New Delhi, the 16th July, 1966 S.R. 1127/Ess.
of India under section 3 of the Essential Commodities Act 1955.
a of Clause 9 of the Sugarcane Control Order, 1966 read with Notification of Govt.
Sugarcane Control Order, 1996 was passed by the Govt.
This order was passed in exercise of the powers companyferred by Paragraphs a , c and f of sub cl.
Of India, Ministry of Food, Agriculture, Community Development and Corporation Department of Food .
That judgment was the subject matter of appeals in this Court in Civil Appeals No.522 of 1989 etc.
Clause 6 a , c AND f thereof reads as follows a reserve any area where sugarcane is grown hereinafter in this clause referred to as reserved area for a factory having regard to the crushing capacity of the factory, the availability of sugarcane in the reserved area and the need for production of sugar, with a view to enabling the factory to purchase the quantity of sugarcane required by it b c fix, with respect to any specified sugarcane growers or sugarcane growers generally in reserved area, the quantity or percentage of sugarcane grown by such grower or growers as the case may be, is a member of a companyperative society of sugarcane growers operating in the reserved area, through such society, shall supply to the factory companycerned d e f prohibit or restrict or otherwise regulate the export of sugarcane from any area including a reserved area except under and in accordance with a permit issued in this behalf.
Sugarcane, dated 16th July 1966.
SRINIVASAN.
The appellants are aggrieved by the dismissal of their writ petitions by the High Court of Bombay in which the appellants had challenged the validity of the Maharashtra Sugar Factories Reservation of Areas and Regulation of Crushing Sugarcane Supply Amendment October, 1997.
J. Leave granted.
The validity of the said order of 1984 was challenge in the High Court of Bombay.
