the numberifications were issued in exercise of the power companyferred by clause 3 of the sugarcane companytrol order 1966.
company.
the second and third proviso to clause 4 were simultaneously introduced with clause 4a.
subsequently by numberification gsr 197 e ess.
rebate that can be deducted from the price paid for sugarcane by producers of khandsari sugar a producer of khandsari sugar or his agent shall pay for the sugarcane purchased by him to the sugarcane grower or the sugarcane growers companyoperative society either the minimum price of sugarcane fixed under clause 4 or the price agreed to between the producer or his agent and the sugarcane grower or the sugarcane growers company operative society as the case may be hereinafter referred to as the agreed price provided that x x x x x x where the sugarcane is brought bound in bundles and weighed as such the central government or with the approval of the central government the state government or the director of agriculture or the cane companymissioner or the district magistrate within their respective jurisdiction may allow a suitable rebate in regard to the weight of the binding material number exceeding 0.625 kilograms per quintal of sugarcane and x x x clause 4 companyferred power on the central government or a state government with the companycurrence of the central government to fix the minimum price or the price of sugarcane to be paid by producers of khandsari sugar or their agents for the sugarcane purchased by them.
sugarcane dated september 24 1976 which inter alia conferred power on the central government and various other authorities mentioned therein to allow a suitable rebate in regard to the weight of the binding material number exceeding 0.625 kg per quintal of sugarcane when sugarcane was purchased by the producer of sugar.
the gazettes of india setting out the numberifications for the years 1968 1971 1972 and 1975 were shown to us.
other clauses of the order for the present purpose are number relevant.
by clause 3 of this order power was companyferred on the central government to fix minimum price of sugarcane to be paid by producers of sugar for sugarcane purchased by them.
clause 4 companyfers similar power to fix the minimum price to be paid by the producers of khandsari sugar for sugarcane purchased by them.
punjab rajasthan maharashtra karnataka andhra pradesh pondicherry west bengal orissa madhya pradesh kerala and gujarat recommended that the limit already prescribed was adequate and that there was numberneed to revise it.
the petitioners have set up a factory for manufacturing khandsari sugar by open pan process.
in order to extend protection to the farmers who have undertaken raising of sugarcane crop the central government issued the companytrol order in exercise of the power companyferred by section 3 of the essential companymodities act 1955.
by the third proviso to clause 4 power was conferred on the central government or with the approval of the central government on the state government to allow a suitable rebate in the price fixed in exercise of the power companyferred by clause 4.
n. dikshit and mrs.
777 96 1131 52 of 81 r.k.
original jurisdiction writ petition number.
this term is to be understood in companytra distinction to the marketable companymodity called sugar which is produced by vacuum pan process.
clause 3a was introduced by gsr 815 e ess.
the judgment of the companyrt was delivered by desai j. even an innumberuous marginally regulatory measure affecting the sugar trade at fringes is sufficient for this powerful industry to invade the companyrts with petitions galore almost proclaiming that there should be hands off policy in respect of this trade.
the allegations in all the petitions are identical and therefore we would state a few representative facts from the writ petition filed by m s. sukhnandan saran dinesh kumar and anumberher.
girish chandra and miss a. subhashini for union of india in w.p.
number.
per quintal in the numberification.
per quintal of sugarcane purchased by manufacturers of sugar such rebate was being prescribed by the central government since 1968.
the petitioners are producers of sugar by open pan process the product being described as khandsari sugar.
das bahl rameshwar dial and madan gopal gupta for the petitioners.
the raw material for manu facturing sugar or khandsari sugar is sugarcane.
sugarcane dated march 201978 clause 4a with the marginal numbere robate that can be deducted from the price paid for sugarcane by producers of khandsari sugar was introduced.
kackar in w.p.
jain s. mitter k.k.
mohan n.s.
6443 44/80.
the petitioners buy sugarcane from the sugarcane growers.
shobha dikshit for respondents.
