| LEVY SUGAR PRICE EQUALISATION FUND (LSPEF) ACT, 1976 
 The Levy Sugar
                      Price Equalisation Fund Act, 1976 (briefly LSPEF Act) was
                      enacted to provide for the establishment, in the public
                      interest, of a Fund to ensure that the price of levy sugar
                      may be uniform throughout India and for matters connected
                    therewith or incidental thereto. The LSPEF Act
                    provides for establishment of a fund called the Levy Sugar
                    Price Equalisation Fund (briefly LSPEF) into which shall
                    be created (a) the amounts representing all excess
                    realisations made by the producers either before or after
                    the commencement of the Act, and (b) the amounts of loans
                    advanced or grants made, if any, by the Central Government
                    for carrying out the objects of the Fund. The Fund shall
                    be administered by the Central Government (Section 3).
                    Moneys remaining unclaimed for a period of six months from
                    the date on which they are credited shall vest in the
                    Central Government and shall be utilised, having regard to
                    the interests of consumers of levy sugar, as a class, and
                    the need to ensure that the retail issue price of levy
                    sugar is uniform throughout the Country (Section 8). The
                    LSPEF Act also empowers the Central Government to recover
                    excess realisations made by sugar factories as "
                    Arrears of Land Revenue" (Section 11) Penal
                    provisions, prescribing imprisonment or fine or both, in
                    respect of defaulting sugar mills in the matter of
                    crediting excess realisations are also contained in the
                    Act (Section 13). Section 16 of the Act provides for power
                    to make rules. In exercise of such power, the Levy Sugar
                    Price Equalisation Fund Rules, 1977 were made, to provide
                    for the manner of (i) crediting moneys to the Fund (ii)
                    accounting and transactions of the Fund (iii) inviting
                    applications from buyers for refund, (iv) utilisation of
                    the Fund by the Central Government, etc. besides
                    prescription of forms for various purposes in terms of the
                    LSPEF Act. The Act was
                    amended in 1984 to provide for certain modifications in
                    the principal Act, with a view to obviating litigations on
                    the subject in the light of the experience gained during
                    the administrations of the LSPEF Act, 1976. There has been no
                    challenge in courts of law after the amendment of 1984.       |