Sugar Development Fund (Amendment) Act, 2002.
MINISTRY OF CONSUMER AFFAIRS AND
PUBLIC DISTRIBUTION
(Department of Food and Public
Distribution)
NOTIFICATION
New Delhi, the 21st June,
2002
G.S.R. 442 (E).- In exercise of the
powers conferred by Sub-section (2) of section 1 of the
Sugar Development Fund (Amendment) Act, 2002 (30 of 2002),
the Central Government hereby appoints the 21st day of June, 2002 as the date on which the said Act shall
come into force.
[F.No. 1-6/99-SDF]
R.N.DAS, Jt. Secy.
NOTIFICATION
New Delhi, the 21st June,
2002
G.S.R. 443(E).- In exercise of the
power conferred by Section 9 of Sugar Development Fund
Act.1982 (4 of 1982), the Central Government hereby makes
the following rules further to amend the Sugar Development
Fund Rules,1983, namely:-
1. (1) These rules may be called the Sugar Development
Fund (Amendment) Rules, 2002.
(2) They shall come into force on the date of their
publication in the Official Gazette.
2. In the Sugar Development Fund Rules, 1983
(hereinafter referred to as the said rules), after
CHAPTER-VIII relating to Buffer Stock, the following
CHAPTER-IX shall be inserted, namely:-
CHAPTER-IX
Defraying Expenditure on Internal Transport and Freight
Charges to the Sugar factories on export shipments of
sugar.
20. (1) The Central Government
may, having regard to the stock of sugar held by the sugar
factories, prospects of sugar production and requirement
of sugar for consumption in the country, domestic and
international prices of sugar and such other factors as
may be considered necessary, and after consultation with
the Committee, decide from time to time, to defray
expenditure on internal transport and freight charges to
sugar factories on export shipments of domestically
manufactured sugar with a view to promoting its export for
such period as it deems proper.
(2) Subject to the decision of
the Central Government under sub-rule (1), the expenditure
on internal transport and freight charges on export
shipment shall be defrayed from the Fund.
(3) Any sugar factory which
after obtaining release order issued under clause 5 of the
Sugar (Control) Order, 1966, has transported its
manufactured sugar for export shipments, and the same has
been exported either by the sugar factory or through an
exporter, shall be eligible to apply for reimbursement of
expenditure incurred on the internal transport and freight
charges on such export shipments of sugar.
Explanation
I. Where a sugar factory has delivered the export
consignment of sugar ex-factory to an exporter and the
exporter has, after complying with the legal requirements
exported the sugar, it shall be construed to be an export
of sugar by that sugar factory through an exporter and
that sugar factory shall be eligible for reimbursement of
expenditure incurred on internal transport and freight
charges on such export shipments of sugar, provided that
the agreement entered into by the sugar factory with the
exporter of sugar stipulates that the expenditure on
internal transport and freight charges shall be borne by
that sugar factory.
Explanation
II. Where a sugar factory has exported sugar through
an exporter, the customs attested Export Promotion (EP)
copy of the Shipping Bill shall indicate the name of the
exporter as well as that of the sugar factory.
Explanation
III. An exporter means a person who holds an
Importer-Exporter Code number allotted to him by the
Director General of Foreign Trade of the Central
Government.
(4) A sugar factory eligible
under sub-rule (3) shall prefer a claim for reimbursement
of expenditure incurred on the internal transport and
freight charges on export shipments of sugar in Form VI
within thirty days of the issue of Bank Certificate of
Export and Realization as given in Appendix 22 of the
Handbook of Procedure (Vol. I) for the period 1st April,
2002 – 31st March 2007 issued by the Central Government
in the Ministry of Commerce and Industry, Department of
Commerce.
Provided
that if a sugar factory fails to prefer the claim within
the thirty days, such sugar factory may submit the claim
in another thirty days but there shall be late cut at the
rate of 10% on the entitlement and no claim shall be
entertained after expiry of sixty days from the issue of
the said Bank Certificate.
(5) The claim referred to in
sub-rule (4) shall be accompanied by the following
documents failing, which the claim, in the absence of
valid reason, shall to be disallowed:
(a)
a certified copy of the release order issued under clause
5 of the Sugar (Control) Order, 1966;
(b)
a certified copy of the contract entered into by the sugar
factory with the exporter where the sugar factory itself
is not the exporter;
(c)
a certified copy of the Application made for Removal of
Excisable Goods (FORM A.R.E. 1) certifying that the
consignment of sugar has been shipped of;
(d)
a certified copy of customs
attested Export Promotion (EP) copy of the Shipping Bill;
(e)
a certified copy of the Bank Certificate of Export and
Realization as given in Appendix 22 of the Handbook of
Procedure (Vol. I) for the period 1st April 2002 – 31st
March 2007 issued by the Central Government in the
Ministry of Commerce and Industry, Department of Commerce.
(f)
and a certified copy of the distance Certificate issued
under in sub-rule(8) regarding the distance between the
sugar factory and the loading railhead;
(g)
a certified copy of the railway freight receipt from
loading railhead to railhead nearest to the port;
(h)
a certified copy of the certificate of railway freight
chargeable as specified in sub-rule(9);
(i)
a certified copy of the certificate issued by the port
authorities certifying the distance between the railway
station nearest to the port and loading point at the port
as specified in sub-rule (10);
(j)
a certified copy of the receipt and challan of the road
transporter indicating the vehicle number and quantity
transported where the sugar factory has transported the
export consignment of sugar by road.
(6) A sugar factory shall be
free to transport export consignment of sugar either by
rail or road or both but the reimbursement of expenditure
shall be restricted in the manner prescribed in sub-rule
(7).
(7) The reimbursement of expenditure on internal
transport and freight shall be restricted as under:
(i)
for the distance from sugar factory to the nearest loading
railhead, the transportation rate as specified in the
Sugar (Price Determination for Production) Order of the
relevant sugar season.
(ii)
for the distance from loading railhead nearest to the
sugar factory to the railhead nearest to the port, the
railway freight by the shortest route;
(iii)
for the distance from railhead nearest to the port to the
point of loading at port, the transportation rate as
specified in the Sugar (Price Determination for
Production) Order of the relevant sugar season;
(iv)
where a sugar factory has preferred to transport export
consignments of sugar by road instead of railway, the
claim for reimbursement of expenditure on internal
transport and freight charges shall be restricted to the
total of transportation charges and railway freight
charges as specified in (I) to (iii) above or the actual
transportation charges by road incurred by the sugar
factory, whichever is less.
Explanation – The restriction imposed in the Sugar (Price
Determination for Production) Order of any relevant sugar
season, as regards the transportation charges, shall not
apply for the purpose of this sub-rule and the sugar
factory shall get reimbursement for the full distance
between the sugar factory the nearest railhead.
(8) A sugar factory claiming
reimbursement of expenditure in respect of sub-rule 7(i)
above shall produce a distance certificate from the
District Collector or any officer authorized by him in
this behalf, of the District where the sugar factory is
situated, as a proof of distance between the sugar factory
and the nearest loading railhead.
(9) A sugar factory claiming
reimbursement of expenditure in respect of sub-rule 7(ii)
above shall produce a certificate from the concerned
Railway authorities specifying the railway freight
chargeable from the railhead nearest to the sugar factory
to the railhead nearest to the port by the shortest route
for the quantity of sugar transported.
(10) A sugar factory claiming
reimbursement of expenditure in respect of 7(iii) above
shall produce a distance certificate from the concerned
Port authorities specifying the distance between railhead
nearest to the port and the point of loading at the port
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