The Essential Commodities (Amendment) Act, 2003.
Sugar is a
commodity covered under the Essential Commodities (EC)
Act, 1955 and is subject to various controls in terms of
the provisions of the said Act and the Rules made there
under. The objective of the EC Act is to control the
production, supply, distribution of and trade and commerce
in the essential commodity.
The definition of
"sugar" occurring in sub-section (e) of Section
2 of the Act, inter alia, sugar or any sugar in
crystalline or powdered form". However, all the
controls, which are applicable to sugar produced through
vacuum pan process by sugar mills, are not enforced in
entirety on khandsari sugar at present.
Section 6 of the
Act provides for seizure/confiscation of the commodity by
the District Collector. Section 7 deals with penalties for
contravention of the provisions of any order made under
Section 3 and Section 7A deals with the power to recover
certain amounts as arrears of land revenue. Section 10
makes every offence punishable under the Act as cognizable
and non-bailable.
Taking into
consideration the unabated price rise during the years
1979 and 1980, certain special provisions were made for a
temporary period of five years for dealing more
effectively with persons indulging in anti-social
activities like hoarding and black marketing and the evil
of vicious inflationary prices.
Section 3 (3C) of
the EC Act makes specific provision with regard to the
payment to be made for sugar sold by the producer in
compliance of an order made under Section 3(2) (f) of the
Act by the Central Government for supply of levy sugar.
This Section lays down the guidelines for determination of
price payable to the producer for levy sugar supplied by
him. Under this sub-section, levy sugar price is required
to be fixed by the Central Government having regard to –
- the minimum price fixed for
sugarcane by the Central Government;
- the manufacturing cost of
sugar;
- the duty or tax payable
thereon; and
- the securing of a reasonable
return on the capital employed in the business of
manufacturing sugar
It is also provided that
different prices may be determined from time to time for
different areas or factories or for different kinds of
sugar.
Section 3 of the Act confers wide
powers on the Central Government to make orders to provide
for achieving the primary objective of exercising
effective control to check inflationary trend in prices
and to ensure equitable distribution of the essential
commodity.
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