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THE EAST PWJAB MOLASSES (CONTROL) ACT, 1948.

TABLE OF CONTENTS

Short title, extent and comrncncement.

Interpretation.
Power of the Controllcr to ask for rerurns.
Powcr of the Conrrollei to direct cons~ructionor tanks for slorage of
molasses.
Othcr powers of the Contrdlzr.
Power of rhe Governmrnl 10 regularc prices c l r .
Pcndty .
Liability for breachcs by corpnrntion or company.
Controllcr Lo exercise supcrvisioo and control over sugar facturies
through subordinarm.
Powcr of entry and seizure.
10. Procedure for seizure.
1 1. Delcgnrion of Powers.
12. Ponbcrto exempt.
13. Rules.
14. Rcpcal.
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'THE EAST PUNJAB MOLASSES (CONTROL)

ACT, 1948.

[Received rile asserlt qf His Excelle~rq)the Goventor O I Zt11eIsr Apl-il,

1948, atzd ~vusfirsrpublisl~edill !he Eusl Prinjab Govenl~tre~rr Gazerre
(E~traurdinnty) ofApril 3,1948..]
1 2 3 4
Year NO. Shorr title Whethcr repealcd or therwisc
affected by Icgislatian
194s I1 East Punjab Mola- Amendtd in par[ by \lie .4daprerion
sses (Coi~trol)Acl, of l a w s Ordcr, 1350
1948
Extended to rhc territories which
irnmedhtcly bcfore rhc 1st Novernbcr,
1356 wcrc comprised in the Srare or
Pariala and East Punjab S t a l c s
Union by Punjab Act 23rd. l957.?
Amended by Punjab Ac1 3 OF 1964.'
Amended by IIoryana Adaptation
of Laws Order, 1966.'
Amended by IIaryana Act 7 of 1971'
Amended by Haryana Acl44 of 1973&
Amended by Haryana Act 35 of 1976'
Amer~dedby Haryana Act S of 19SZ"
Amcnded by Hxyana Act 20 of 2002'
1 . For Sraremcnt of Objrct and Reasons. see Ptrtgoh Co~~enlrrre~~i
Gazetre,
1948, page 160 ; for proceeding in the AssrmbIp, see Easl h n j a b Lcgislarive
Assembly Debates, Volumc 11, 1948, pages 678-80:
1. Fur Sraternenl of Objccrs and Keasons, scc East Punjab Government
G;~zcnc(Erlra.)1957, page 689.
3. For Statement o f O b j x ~ and
s Reasons, sce Pulljab Govcrnn~en~ Gazcne (Extra.)
1964, pages 260-26 1.
4 . See Harynnn Govcrnrncn~Gazette(Ex~a.)1968. pages 53 1-567.
5 . For Sta~rmentof Objects and Reasons. sea Haryana Government Gazetle
' (Ex~ra.)197 1, pagc L 34.
6. For Starement of Objects and Reasons, s e t I-iuryana Government Gazelle
(Extra.) dared the 2- 11 - 1973. page 2010.
7. For Slaternen[ of Object$ ; ~ n dRcasans, see IIaryana Govcrnmenr Gazettc .
(Extra.) dated [lie 30-6- 1976, pagc 1 162.
8. Fur Slatemen( of Objects and Rcusons. see Haryana Govcrnmenr Gazcttc
(Extra.) da~edthe 23-3-1982. pagc 370.
9. For S~;~~err~er~lol' Objects a t ~ r Kcasr>ns,
l 5 c r Haryana Govcrnrnenl Gazeitc
(Exrm.) dated ihe 29-10-2002. paEc 31 13.
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An Act to provide for the control of price and movement of molasses

in '[Haryanal

Short tille, cx- 1. { I ) This Act may be called thc East Punjab )Molasses (ControJ)
lcnr and corn- J 948,
mencemcnl.
(2) lt extends to ~ h whole
c of "aryana].
( 3 ) It shall come into force at once 3[in the principal territories
and on the 24rh July, 1957, i n the transferred tcm'tories].
ln~erprcrat~nn. 2. InthisAct,u~~less~hereisanythingrepugnantjnthesubjector
context -
(a) "the Government" means the Government of ' [ H i a n a l ;
(b) "Controller" means the Excise and Taxation Comnlissioner,
'[Haryana) ;
' [ ( b b ) "export" means to take mof asses out of thc State of
Haryana ;]
(c) "Molasses" means the heavy, dark<olouicd residual syrup
drained away in the final stage of the manuricture of sugar
by vacuum pans w in open pans in sugar factories either
from sugarcane or by refining gur :when such syrup has a
density of not Icss than 75 degees blix and a fermentable
sugar conlent (expressed as reducing sugars) of 19 percent ;
(dl "sugar factory" means any premises, inchding [he land,
godowns or outhouses appurtenant thcrcto, whc~eontwenty
or more workers are working. or were worhng on any day
of he preceding twelve months, and in any pa? of which a
manufacturing process connected with the producrion of
sugar by means of vacuum pans or in open pans is being
carl-icd on, or is ordinarily so carried on. wilh the aid of
puwcr ; and
---
1. Subsrirt~red for rhe wt~rdsEast "Punjab"by chc Adaplation c ~ fLaws Ordcr.
1968.
2. Subslitutcd [or rhe word "Punjab" by rhc Adap~rrtirmof I-aws Order. 1968.
3 . Added by Haryma Adapr~tionof Laws Order. 1g6S.
4. Inscried by Haryann AH 10 of 2002.
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( e ) "occupier of a sugar factory" means any person who has

conlrol over the affairs of a sugar factory.
3. TheControllermay, byordcrinwritingdirec( theowneror Power of [he
: occupier of a sugar factory or any other person to furnish, wj thin thc Clnntrollcr
ask for
10

time and in thc manner specified, such returns relaring to stocks of

relums.
molasses in his possession as may be specified in the order.
[3A.(1) The Controller,may by order in writing direct any owner Power of
or occupier of a Sugar Factory or distillery or any other person permitted controller to
to store and preserve molasses under clause (in) of sub-scction ( 1 ) of direc!
consrruction
section 4 to construct within such time as may be specificd in the order of tanks for
tanks for the storage of molasses. storage of
molasses.
(2) Where any person directed under sub-section ( I ) to
construci tanks fails to du so, h e Conh-ollcr may cause tanks to be
consmcted through any other agency and recover the cost of construclion
from the defaulter as arrears of land revenue.
4. ( 1 ) Save in accordancc with a written permit is sued by the Olher powers
of the
CantroIler no person shall-
Cvn!rol!er.
(i) move molasses by road, raiI, river, or other means, or
' [ ( i a ) srorc or preserve molasses, or]
( i i ) sell or othenvise dispose of molasses to any person, other
than the Government or a person licensed by the
Government in this behalf.
(2) Thc Conrroller may, by ordcr in writing, dircct thc owner
or occupier of n sugar factory to supply molnsses of such quality and i n
such qunn tity at such times and in such manner to such pcrson or persons
as the Controller may direct.
3[(3) The owner or occupier of a sugar factory situated in the
State of Haryana shall pay to the Government such administrative charges
at such rate as the Government may fix by nolificarion in thc Officiiil
Gazcttc, not exceeding twenty-five rupces per quintal on cxport of
molasses.]

1. Seclion 3A inserted by Punjab Act 9 or 1364.

2. [nscrtcd by ibirl .
3. Addcd by Haryana Act 20 of 2002.
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Powcr of the 5. The Government may from time to time, -

Government
to rcgulale (a) regulate the prices at which and the manner in which different
priccs, erc. grades of molasses may be sold; and
(b) prescribe the manner in which molasses shall be graded, :
marketed packed or stored for sale.
Penalty. l[6.(1) Where any person-
(i) fails toexplain the shortage of molasses to the satisfaction of
the Controller or disposes them of otherwise than in
accordance with the directions of ~ h Controller,
c the
Controller may, afieldaffording such person an opportunity
of being heard, direct him to pay by way of penalty a sum
not less than twenty rupecs and not more than fifty rupees
per quintal; and
(ii) contravenes any provision, other than those referred to in
clause (i),of this Act OF of any rule, order or direction made
or given thereunder, the Controller may, after affording such
person an opportunity of being heard, direct him to pay by
way of penalty a sum not exceeding two thousand rupees !
and if the contravention i s a continuing one to pay a daily
penalty not exceeding onc hundredrupees during thc period
of the continuance of the contravention.]
(2) In addition to the penalty specified in sub-secrion (I), the
Controller may direct that any stock of molasses in rcspect of which the
Controller is satisfied that the contravention has taken place shall he
forfeited lo the Government i n whole or in part.
'C(3)Any peson aggrieved by an order passed by the Conlroller
under [his Acr in case of discovery of any new and important marlel-or
evidence which, after thc exercise of due di I igence, was not within his
knowledge or could not, be produced by him a1 the time when such ordcr
was made, or on account of some mi stake or error apparent on the facc
of the record, or for any other sufficient reason, may apply for a review
of such order to the Conkroller within thirty days from the dare of that
order. The Controller may, airer giving notice l o thc parties concerned,
review the order madc by him.

by Haryana ACI 44 of 1973.

1. Subs~itu~ed
for sub-section (3) by Haryana Act 7 of 197 1.
7. Suhsli~u~cd
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(5) The Government may, at any time, of its own motion or

on an application made to it by an aggrieved person, call for the record
of any proceeding pending before, or disposed of by, [he Controller
'[x x x XI, for the purpose of satisfying itself as to the legali~yor propriety
of such proceedings or of any order made rherein and may pass such
orders in relation thereto as i t may think fit :
Provided that no order shall be passed by the Government
which adversely affects the rights of any person unless such person has
been given a reasonable opportunity of being heard].
'116) The amount of penalty imposcd may be rccovcrcd as arrears
of land revenue.]
7. If the person contravening an order made under this ACLor Liability for
any rules made thereunder is a corporation, company, p m e r s h i p firm, breaches by
corporalion
or association of persons, cvcry dircct or, panner, manager or secretary
or company.
thereof shall, unless he proves that the contravenrion took place without
his knowledge or that he exercised all due diligence to preveni such
contravention be deemed to be guilty of such
8. ( I ) The Controller may, for carrying out the purpose of ihis Controller tu
Act or the rules, orders or directions made w given thereunder, post at exercise
supervision
or depute to any sugar facrory any person subordinate to him for and conlrol
supelrising and controlling the issue, storage and sale of molasses at the over sugar
sugar factory. Fi~tories
~hrough
(2) For the purposes of sub-section (11, the occupier of a sugar subordinates.
factory shall provide all rcasonable facilities to the person referred to i n
that sub-section of entry and inspection and for bcing posted at or deputed
to his sugar raclory .
9. 3 [ ( 1 )Any officer, duly empowcrcd by the Controller in this behalf Power of
may- cnby and
seizure.
( a ) searchat any timeanyprcmisesoravehjclein which he has
reason to believe that any molusses. in respect of which any

I. Omir~edby Haryana Act 35 of 1976.

2. lnser~edby Ilaryana Acl 8 of 1982.
3. Substirutrd by IInryana Act 44 of 1973.
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contravention under chis Acl or any rule or order made

thereunder, has been, or is about to be, cornmi tted, arc kept,
concealed or carried ; and
( b ) seize such molasses and any box, receptacle, package or I.
covering conlaining such moIasses.]
(2) All searches made under this section shall be in accordance
with the provisions of the Code of Criminal Procedure, 1898 [5of 18981.
I

Procedure fur 10. ( I ) A report about any molasses or micle seized under section
seizure. 9 shall, as soon as possible, be submitted to '[Controller] who may after
making such inquiry as he may consider necessary, givc such directions
for their temporary custody as he thinks fit.
'[(2) If the Controller is satisfied that no contravention of any
provision of this Act or of any rule, order or direction made or given
thereunder, has taken place, he shall direct the return of such molasses
or article to the person who may be found entitled to it after making
such enquiry as he may consider necessary. Ifno person be found entitle
to it, the Control ler may pass such order for its disposal as he may deem
fit.]
Delegation of 11. The Conlrollcr may by notification direct that any power
powers.
conferred or any duty imposed on him may, subject to such conditions
as he may spccify, be cxcrcisable by any officer su hordinate lo him.
Power to 12. The Government may by notification exempt any arcn or any
cxernp!.
person from all or any of the provisions of lhis Act.
. .
RLI~CS. 13. ( 1 ) The Government may, by notification, make rules to c m y
out the provisions of this Act.
(2) In particular and withaul prejudice to the senerality of the
foregoing power, such rules may,-
( a ) prescribe the specification and tests i n respect of thc purily
of molasses ;
( b ) prescribe the forms and rctums zo be submi [red, and records
and books to be maintained by any sugar factory ;
( c ) regulate the taking of samples of molasses ;and
( d ) prescribe thc form and conditions of any licencc grantcd
under section 4.
1. Substiruttd by Haryana Act 43 or 1973.
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14. The East Punjab Molasses control Ordinance, 1947, is hereby Repeal of
repealed, and any rules made or notification issued, anything done and Ordiflan'c
No. 12 of
any action taken in exercise of any power conferred by or under the said
1947.
Ordinance shall be deemed to have becn made issued, done or takcn in
excrci.se of powers conferred by or under this Act as if this Act had
commenced on the 10th day of December, 1947.
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FIARYANA GOV'I: G A Z (EXTRA.), JULY 22, 2004 197

(.A.SAR. 31. 1926 SAKA)
-----
PART 1
LEGISLATIVE DEPARTMENT

Nolification

The 22nd July, 2004

No. Leg. 2012004.- The following Act of the Legislanire of the State of
ana received t l ~ cassent of the Ciove~llorof Haryana on the 5th July. 2004,
s hereby published for general information :-

H a r y a n a Act No. 18 of 2004

THE EAST PlJNIAB MOLASSES (CONTROL) HARYANA

&MENDMEN' ACT, 2004

Au

ACT

further. ro an~ivldrhe &tsr Pltnjah Molnssrs (Cordrrol) Arr, 1948, in irs

a p p i i a ~ r i oro~ ~
//re Srarc of H ~ J I ~ I I I I U

BE it enacted by the Legislature of the State of Haryana in the Fifty-fifth

Year of the Republic of India as follows :-

1. T h ~ Act
s may be ca!led the East Pwijab Molasses (Control) Haryana Shull lirle.
Amendment Act, 2004.

2. For sub-section (3) orsection 4 of the East Punjab molasses (Cootrol) Amendmcnl of
Act, 1948 (hereinafter called the principal Act), the f o l l o w ~ r ~suh-section
g shall be s""'~" Or
riast llonjnh Acl
substituted, naineiy :- I I o l 1948.

"(3) The owner or occupier of a sugar factoq; situated in the State of

Iiaryana o r any other person exporting molasses shall pay to the
Ciovemment such adn~inistrativecharges at such rate as the Government
may fix by notification in the Orficial Ciazenc. not exceeding fifty nlpecs
per quintal on export of molasses.".

3. For sub-sectloll (1)of section 6 of the principal Act, the following sub- Arncl~dnle~ll
of
section sball he substituted, namely :-
6 o l ACI
ESSL Punlab
sccrnon
I I o f 1948.
"(I) Where ally person-

(1) failsto account for the shortage of molasses to the

.. satisfaction of the Coritroller or disposes them of
otherwise than in accordance with the directions of the
Controller. the Conholler may, after aRording such person
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HAWANA GOVT. GAZ. (EXTRA.), M Y 22. 2004

(ASAR. 31. 1926 SAKI,)
an oppomnity of being heard, duect him to pay by way
of penalty a sum not less than fifly rupees and no1 more
than one hundred rupees per quintal ; and

(u) contravenes any provision, other than those referred to

in clause (i), of this Act or of' any rule, order or direction
made or given t h e r e ~ ~ n d e the
r , Controller may, after
affording such person an opportunity of being heard,
direct him to pay by way of penalty a sum not exceeding
fifty thousand rupees and if the contravention is a
continuing one ro pay a daily penalty not exceeding five
thousand nlpees during the period of the continuance of
the contravention.".

R. S. MADAN.
Secretary to Government, Haryana,
Legislative Deparlnlent.

3 7 9 4 5 - ~ L . R . - H . G P . , Chd.