Sugar and Sugar Products Control Order, 1948

The Sugar and Sugar Products

Control Order, 1948

Notification No. Py.11/48.-ln exercise of the powers conferred by sections 3 and

4 of the Essential Supplies (Temporary Powers) Act, 1946 (XXIV of 1946) and in super

session of the Sugar Products Control Order, 1947, dated 4th August, 1947, issued by the

Department of Food, Government of India, New Delhi by their Gazette, dated 16th

August, 1947, the Government of Pakistan in the Ministry of Food, Agriculture and

Health is pleased to make the following Order:-

1. (i)  This Order may be called the Sugar and sugar Products Control Order,

1948.

(ii)  It extends to all the 'Provinces· of Pakistan.

(iii)  It shall come into force at once.

2.         In this Order unless there is anything repugnant in the subject or context:-

(a)      "Controller" means the person appointed as the Sugar Controller

for Pakistan by the Government of Pakistan and includes any person

authorized by the Controller to exercise all or any, of the powers of

Controller under this Order except those under clause 6 hereunder,

(b)  "Dealer" means a person carrying on business in the purchase, sale and

for distribution of sugar and sugar products.

. (c)    "Ex-factory price" means the price of sugar inclusive of excise

duty, packed in  accordance with the usual market practice and loaded at

the buyers' option on carts, lorries or other means of transport, or into

railway station or riding generally used by the producer and all incidental

charges including those for loading and  forwarding, being on account of

the ex-factory seller.

(d)      "Producer" means a person carrying on the business of manufacturing sugar

or sugar products or both with the aid of electrical energy or any other

form of energy which is mechanically transmitted and is not generated by

human or animal energy.

(f)   "Sugar" means  (i) any form of sugar containing more than 90 per cent

of sucrose  (ii) any sugar or crystalline structure.

(g)  "Sugar Products" means any article manufactured from, and containing

sugar not less than 26 per cent of its weight.

3.   No producer shall dispose of or make delivery of, any sugar, except:-

(i)  to or through a recognised dealer; or

(ii)  to a person specially authorised in this behalf by the Controller to

acquire sugar on behalf of the Government of Pakistan or of a Provincial

Government or of a State in Pakistan.

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4. (1) If the Controller has reason to believe that the production of special

types of sugar or sugar products is likely to affect adversely the production of

adequate quantities of ordinary sugar, he may, by general or special order,

prohibit, or limit to such quantities as may be specified in the order, the

manufacture by producer or by producers generally of such types or grades of

sugar or sugar products the order may specify and not producer to whom such,

order applies shall manufacture any sugar products in contravention thereof.

(2) For the purposes of !sub-clause (i), “producer" includes a person

carrying on the business of manufacturing any form of sugar containing more

than 90 per cent sucrose including Khandsari Sugar, Desi Sugar and Bura.

5. Every producer and dealer shall comply with such directions regarding

the production, sales, stocks and or distribution of sugar products as may from

time to time he given to him by the Controller.

6. (1) The Controller may, from time to time, fix with the prior approval

of the Federal Government by notification in the official Gazette the price or

maximum price at which any sugar or sugar product may be sold or delivered,

and different prices may be so fixed by him for different areas or different types

or grades of sugar or sugar products.

'(2) Where the maximum price has been so fixed:--

(a) the price at which sugar or sugar products may be sold for

delivery otherwise than ex-factory shall not exceed the price or

maximum price, as the case may be, fixed under sub-clause (d) for

sale ex-factory plus such charges in respect of transport to or in

specified areas and other incidential charges as are approved by

the Controller;

(b)  no person shall sell or purchase or agree to sell or purchase such

sugar or sugar products at the price higher than that fixed under

the provisions of sub-clause (I).

(3)     For the purpose of sub-clause (1), the Controller or any person

authorised by him in this behalf may check, at any time, the accounts

of any factory producing sugar or sugar products.

7. (1) The Controller may, from time to time with the prior approval of

the Federal Government:"

(i)  allot quotas of sugar or sugar products or of  both for the

requirements of any specified province, or areas or market;

(ii)  issue directions to any producer or dealer to supply sugar or sugar

products to such provinces, areas, or markets of such persons or

organisations, in such quantities of such types or grades at such times,

at such manner as may be specified by the Controller:

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Provided that where price or maximum price of any sugar or sugar product

has been fixed in accordance with sub-clause (I) of clause 6 the Controller shall in

respect of sugar or sugar products specify the price or maximum price under

paragraph (ii) of this sub-clause accordingly.

(2) The Controller may also, from time to time, require any producer or

dealer to keep in reserve stocks of sugar or sugar products in such quantities and such

types and grades as he may direct from time to time.

(3) Every producer shall, notwithstanding any existing agreement with any

other person, give priority to and comply with any directions issued to him

under sub-clause (I).

8. ( I ) No sugar shall be transported or offered or accepted for transport,

whether by rail, road or water or by any other means of transport and whether by a

railway servant, common carrier. or other person except under and in accordance

with the terms of··           .

(a)  general or special permit issued by the Controller in this behalf, or

(b)  a Military Credit Note:

Provided that nothing in this sub-clause shall apply to the transport' of sugar

not exceeding 5 seers as part of the personal luggage of a bona fide traveller.

(2) A permit issued in pursuance of sub-clause (I) shall be returned by the

consignor to the Controller on completion of despatch or on expiry of the period of

its validity whichever is earlier, with the particulars of actual despatches in the

prescribed form.  .

(3) For the purposes of this clause "sugar" means (i) sugar manufactured by

any process, including sugar made in vacuum pan factories from cane or gur or

palmyrah jaggery, as well as Khandsari sugar, sugar-candy (misri) and bum, (ii) and

Sugar imported from other countries including India.

9. The Controller may, by notification in the official Gazette, make rules for

carrying into effect the purposes and object of this Order.

10. Notwithstanding the super session of the Sugar and Sugar Products

Control Order, 1947, dated 4th August, 1947, all notifications. rules, order,

authorizations. quotas, requirements and directions issued or deemed to have been

made there under or previously shall so far as the inconsistent with this Order, be

deemed to have been made hereunder and they shall continue in force until rescinded

or modified hereunder.

11. If any person contravenes the provisions of this Order, then without

prejudice to any other punishment to which he may be liable any Court trying the

offence may order that any stocks of sugar or sugar products, together with the

packages and covering thereof; in respect of which the Court is satisfied that the

offence has been committed, shall be forfeited to Government.