State Act

THE U. P. SUGAR CANE (PURCHASE TAX) ACT, 1961

4- (1) [No unit other than a unit, which has obtained a licence under the Uttar Pradesh Khandsari Sugar Manufacturers Licensing Order, 1967]2 shall, without obtaining a licence from the Sugar Commissioner, carry on or undertake any process connected with the manufacture or production of gur or rab [***]1. [(2) An application for grant or renewal of a licence under sub-section (1) shall be made to the Sugar Commissioner by such date, in such form and accompanied by such proof of payment of such fee, including late fee, if any, as may be prescribed.]3 [(3) An application for grant or renewal of a licence shall be disposed of by the Sugar Commissioner expeditiously and shall not be rejected except where an application has not been made by the prescribed date, or in the prescribed form, or is incomplete in any respect or is not accompanied by proof of payment of the requisite fee including late fee, if any, or the Sugar Commissioner is of opinion that it is necessary or expedient so to do in public interest with a view- (i) in the case of an application for grant of a licence- (a) to regulating the manufacture or gur or rab by units ;or (b) to avoiding uneconomic concentration of units in any area; or (c) to ensuring, in reserved areas, adequate supplies of sugarcane to a factory; (ii) in the case of an application for renewal of a licence, to regulating the manufacture of gur or rab by units Provided that while disposing of the applications for grant or renewal of licence, the sugar commissioner may also take into consideration--- (a) the conduct of the applicant in working the unit, if any, prior to the date of application including previous conviction, if any, for the contravention of the provisions of the Act, the rules made thereunder and the conditions of the licence; (b) the default, if any, made by the applicant in payment of the dues under this Act ; and (c) the total continuous period for which the applicant held a licence under this Act prior to the date of application: Provided further that no application for renewal of a licence shall be rejected unless the applicant has been given a reasonable opportunity of being heard : Provided also that where an application for grant or renewal of a licence is not disposed of by the commencement of the assessment year; or (i) in the case of an application for grant of a licence, within three months; and (ii) in the case of an application for renewal of a licence, within two months of the date on which the application is made, whichever is later, the licence shall be deemed to have been granted or renewed, as the case may be.]1 [(3-a) The Sugar Commissioner may delegate all or any of the powers conferred on him under sub-section (3) to any officer subordinate to him, not below the rank of 5[Assistant Sugar Commissioner.]5 (3-b) The State Government may, where it is satisfied that it is necessary or expedient so to do in any area in public interest with a view to ensuring adequate supply of sugarcane to factories, by notification in the Gazette, direct that no licence shall be granted to any unit in respect of such area, and where such direction has been issued, no application for grant of a licence in respect of that area shall be entertained; [and]2 (4) Any person aggrieved by an order of the Sugar Commissioner under sub-section (3) may, within thirty days from the date of intimation of the said order to him, prefer an appeal to the State Government, whose decision thereon shall be final. (5) An applicant for grant of a licence shall be entitled to a refund of the fee paid- (i) on the rejection of his application, and (ii) where an appeal has been preferred under sub-section (4), on the rejection of the appeal. [(6) Where a licensee surrenders the licence granted to him within a month of its receipt by him and satisfies the licensing authority that he has not availed of it in any manner he shall be entitled to a refund of three-fourth of the licence fee deposited by him.]3