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.
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