State Act

THE UTTAR PRADESH SUGARCANE (REGULATION OF SUPPLY AND PURCHASE) ACT, 1953

5- (1) There shall be established for the reserved area of a factory a Cane Development Council (hereinafter called the Council) which shall be body corporate by the name of such area or such other name as may be prescribed, having perpetual succession, and subject to such restrictions or qualifications as may be imposed under this Act or any other enactment vested with the capacity of suing and being sued in it corporate name, of acquiring, holding, administering and transferring property both movable and immovable, and of entering into contracts: Provided that where the Cane Commissioner so directs the Council may be established for a larger or smaller area than the reserved area of a factory. (2) The area for which a Development Council is established be called a zone. [(3) The Council shall consist of the following, namely : - (i) two representatives of the sugar factory concerned to be nominated by the occupier; (ii) five representatives of each Cane-growers’ Co-operative Society functioning in the reserved area, to be elected by the members of the committees of management of such societies from amongst the members of such societies : Provided that one representative of Scheduled Castes or Scheduled Tribes, one representative of Other Backward Classes and one representative woman shall be in five representatives of the cane-growers subject to availability; (iii) One representative of the licensed power-driven khandsari manufacturing units in the reserved area, to be elected by their owners; (iv) the Assistant Cane Commissioner of concerned council; (v) the Senior Cane Development Inspector, who shall be ex-officio Member-Secretary.]4 (3-A) The members of the Council shall elect [from among the five representatives referred to in clause (ii) of sub-section (3) a person]3 to be the Chairman of such Council;]2 [(4) The term of council shall be concurrent to the term of cane society and after expiry of the terms, the council shall be reconstituted according to the provisions in sub-section (3): Provided that the Cane Commissioner, if he is satisfied that it is necessary to do so, then after the approval of the State Government dissolved the council before the expiry of its term or extend the time of the council maximum for two years.]5 (5) Where a Council is dissolved the following consequences shall follow :- (a) [the Chairman and all members but not the Secretary]1 shall on a date to be specified in the order vacate their offices but without prejudice to their eligibility for appointment or nomination as member; (b) the Council shall be reconstituted by the Cane Commissioner in accordance with the provisions of sub-section (3); and (c) the duties, powers and functions of the Council shall, pending its reconstitution, be discharged, exercised and performed [by the Secretary]2 for such period and subject to restrictions as may be specified in the order.