Sugarcane (Control) (Second Amendment) Order, 2018.

Oct 17, 2018 | by Avantis RegTech Legal Research Team


Ministry of Consumer Affairs, Food and Public Distribution vide notification dated October 12,2018 has notified Sugarcane (Control) (Second Amendment ) Order further to amend the Sugar Control (Order),1966.

Important Amendments are following

In the Sugarcane (Control) Order, 1966, for clause 6C, the following clause shall be substituted, namely:-

“6C. Time limit for implementing Industrial Entrepreneur Memorandum

(1) The stipulated time for taking effective steps as shall be three years and the commercial production of sugar shall commence within five years from the date of filing of the Industrial Entrepreneur Memorandum with the Central Government under sub-clause (1) of clause 6B failing which the Industrial Entrepreneur Memorandum shall stand de-recognized as provided in sub-clause (2) thereof, and the performance guarantee furnished there under shall be forfeited:

(2) The time limit specified under sub-clause (1) may be extended in the following manner, namely:-

(a) where the delay is due to any unforeseen circumstances beyond the control of the person concerned such as natural calamities including drought, non-availability of sugarcane (raw material) during off season in the year in which the stipulated period terminates and non-financing of sugar sectors, the Chief Director (Sugar), Department of Food and Public Distribution, Ministry of Consumer Affairs, Food and Public Distribution may, after the expiry of five years’ period stipulated under sub-clause (1), extend the period stipulated under sub-clause (1) for a further period of two years, not exceeding more than a year at a time:

Provided that such extension may be granted for taking effective steps or for the commencement of commercial production of sugar, in consultation with the State Government concerned, if considered necessary: Provided further that in case the commercial production does not commence within such extended period, the bank guarantee furnished under sub-clause (2) of clause 6B shall be forfeited

(b) Where the delay is due to any court case relating to land use, environment or such other reason, that may have arisen within five years from the date of filing of Industrial Entrepreneur Memorandum, the Chief Director (Sugar), Department of Food and Public Distribution, Ministry of Consumer Affairs, Food and Public Distribution may, after the expiry of five years’ period stipulated under sub-clause (1), extend the period stipulated under sub-clause (1) initially for a further period of two years, not exceeding more than a year at a time

(c) in case where such delay due to court case relating to land use, environment or such other reason, continues beyond the period extended under item (b), the Chief Director (Sugar), Department of Food and Public Distribution, Ministry of Consumer Affairs, Food and Public Distribution may grant extension of such further period, as he deems fit, not exceeding more than a year at a time, subject to furnishing of a bank guarantee of rupees fifty lakhs for each year for which the extension is sought, which shall be in addition to the bank guarantee furnished under sub-clause (2) of clause 6B:

[S.O. 5258 (E )]

 

URL-http://egazette.nic.in/WriteReadData/2018/191043.pdf


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