{ "schema_version": "qanun-law-text/1", "id": "punjab-code-7cc74f93665fb467", "title": "SUGAR FACTORIES CONTROL ACT 1950", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/V2IAN1FvVm4-", "version": null, "source_snapshot": "2026-08-06T17:03:19Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "0b0f807afe27975861a2c70633eb5155221a96a867cde64b7d2790f6074ba560", "source_sha256": "0b0f807afe27975861a2c70633eb5155221a96a867cde64b7d2790f6074ba560", "text_version_id": "law:punjab-code-7cc74f93665fb467:sha256:0b0f807afe27975861a2c70633eb5155221a96a867cde64b7d2790f6074ba560", "quality_flags": [], "encoding": "UTF-8", "text": "THE SUGAR FACTORIES CONTROL ACT, 1950 \r\n(XXII of 1950) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Sugarcane Control Board. \r\n4. Constitution of the Board. \r\n5. Powers and duties of the Board. \r\n6. Appointment of Cane Commissioner. \r\n6-A. Appointment of Additional Cane Commissioners. \r\n7. Appointment of Inspectors. \r\n8. Crushing. \r\n9. Estimate of Quantity of Cane Required by Factory. \r\n10. Declaration of Reserved Area. \r\n11. Survey of Reserved Area. \r\n12. Maintenance of Register. \r\n13. Purchase of Cane in a Reserved Area. \r\n13-A. Powers of the Cane Commissioner to determine the liability of an \r\noccupier of a factory. \r\n14. Declaration of Assigned Areas and Purchase of Cane therein. \r\n14-A. Power of Cane Commissioner to prohibit cultivation of unsuitable \r\nvarieties of sugar-cane. \r\n15. Purchase of cane outside Reserved area. \r\n16. Power of Provincial Government to fix minimum price. \r\n16-A. Quality Premium. \r\n17. Licensing of Purchasing Agents. \r\n18. Distribution of seed Cane by Factories. \r\n19. Determination of “occupier” for Purposes of this Act. \r\n20. Appointment and removal of Factory Staff. \r\n21. Penalties. \r\n22. Institution of Proceedings. \r\n23. Powers to make Rules. \r\n \r\n \r\nTEXT \r\n1\r\nTHE SUGAR FACTORIES CONTROL ACT 1950 \r\n(XXII of 1950) \r\n[11 April 1950] \r\nAn \r\nAct \r\nto provide for the regulated supply of sugarcane to the sugar factories. \r\nPreamble.– WHEREAS it is expedient to provide for regulating the supply of \r\nsugarcane intended for use in such factories and the price at which it may be \r\npurchased and for such other matters as may be incidental thereto; \r\n It is hereby enacted as follows:– \r\n2\r\n[1. Short title, extent and commencement .– (1) This Act may be called the \r\nSugar Factories Control Act, 1950. \r\n (2) It extends to the whole of the Province of West Pakistan, except \r\n3\r\n[the \r\nTribal Areas].] \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext:– \r\n(a) “assigned area” means an area assigned to a factory un der sub -\r\nsection (1) of section 14; \r\n(b) “Board” means the Sugarcane Control Board established under section 3; \r\n(c) “Cane” means sugarcane intended for use in a factory; \r\n(d) “Cane Commissioner” means the officer appointed to be Cane \r\nCommissioner under section 6; \r\n(e) “Cane-grower” means a person who cultivates cane either by himself \r\nor by members of his family or by hired labour and who is not a \r\nmember of a Cane-growers’ Co-operative Society; \r\n(f) “Cane-growers’ Co -operative Society” means a society registered \r\nunder the Co -operative Societies Act, 1912 (Act II of 1912), \r\n4\r\n[or the \r\nSind Co-operative Societies Act, 1925,] one of the object of which is to \r\nsell cane grown by its members; \r\n \r\n1This Act was passed by the N.W.F.P. Legislative Assembly and was assented to by the Governor of that Province on April 5, \r\n1950, published in the N.W.F.P. Gazette (Extraordinary), dated April 11, 1950. It was adopted for West Pakistan by the North -\r\nWest Frontier Province Sugar Factories Control (Amendment) Ordinance, 1961 (III of 1961). \r\n2Substituted by the North-West Frontier Province Sugar Factories Control (Amendment) Ordinance, 1961 (III of 1961) , \r\npublished in the Gazette of West Pakistan (Extraordinary), dated January 18, 1961, pp. 211-212, s. 2. \r\n3Substituted for the words “the Federal Capital and the Special Areas” by the West Pakistan Laws (Extension to Karachi) \r\nOrdinance, 1964 (VII of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, \r\ns. 2 read with Schedule which amended section 2 of the North -West Frontier Province Sugar Factories Control (Amendment) \r\nOrdinance, 1961 (III of 1961). \r\n4Inserted by the North-West Frontier Province Sugar Factories Control (Amendment) Ordinance, 1961 (III of 1961), published in \r\nthe Gazette of West Pakistan (Extraordinary), dated January 18, 1961, pp. 211-212, s. 3. \r\n1\r\n[(ff) “Cane Purchase Receipt (CPR)” means receipt of cane purchased by \r\nan occupier of a factory or a purchasing agent mentioning weight and \r\nprice for cane purchased from a person who cultivates cane either by \r\nhimself or by members of his family or by hired labour and who is not a \r\nmember of a Cane Growers Co-operative Society;] \r\n(g) “Collector” in any provision of this Act includes any officer whom the \r\nGovernor may, by notification, appoint to exercise and perform the \r\npowers and duties of a Collector under that provision; \r\n(h) “Crushing season” means the period beginning on the 1 st October in \r\nany year and ending on the 30th June, next following; \r\n(i) “Factory” means any premises, including the precincts thereof, wherein \r\ntwenty or more workers are working or were working on any one day of \r\nthe preceding twelve months and in any part of which any \r\nmanufacturing process connected with the production of sugar by \r\nmeans of vacuum pans is being carried on or is ordinarily carried on, \r\nwith the aid of power; \r\n(j) “Inspector” means an Inspector appointed under section 7 of the Act \r\nand includes an ex-officio or additional Inspector; \r\n(k) “Occupier of a factory” means the person who has ultimate control over \r\nthe affairs of a factory; \r\n Provided that where the affairs of a factory are entrusted to a managing \r\nagent, or a Managing Director or a Director in -charge, such managing \r\nagent, Managing Director or Director in -charge shall be deemed to be \r\nthe occupier of the factory; \r\n(l) “Prescribed” means prescribed by rules; \r\n(m) “Purchasing agent” means a person licensed under this Act to act as a \r\npurchasing agent; \r\n(n) “Reserved area” means an area specified in an order issued under \r\nsection 10; and \r\n(o) “Rule” means a rule made under this Act. \r\n3. Sugarcane Control Board.– The Provincial Government may, by notification, \r\nestablish a Sugarcane Control Board for the Province. \r\n4. Constitution of the Board .– The Board shall consist of a Sugarcane \r\nCommissioner, who shall be the chairman of the Board as such and so many \r\nmembers from the cane growers, factory owners and servants of the State, as may \r\nbe prescribed. \r\n5. Powers and dut ies of the Board .– The Board shall exercise and perform \r\nsuch powers and duties as may be prescribed, and its business shall be conducted \r\nin such manner and in accordance with such procedure as may be prescribed. \r\n \r\n1Inserted by the Sugar Factories (Control) (Amendment) Act, 2021 (V of 2021), published in the Punjab Gazette (Extraordinary), \r\ndated May 17, 2021, pp. 9159-9161, s. 2. \r\n6. Appointment of Cane Commissioner .– (1) The Provincial Government may \r\nby notification, appoint any officer, not below the status of a Collector, to be the Cane \r\nCommissioner to exercise and perform, in addition to the powers and duties \r\nconferred and imposed on him by this Act such powers and dutie s, as may by \r\nprescribed from time to time. \r\n (2) The Cane Commissioner shall be deemed to have powers of a \r\nCollector under the Punjab Land Revenue Act, 1887\r\n1\r\n, and the Punjab Tenancy Act, \r\n1887, \r\n2\r\n[or any other enactment relating to land -revenue and tenancy in force in any \r\npart of the Province]. \r\n3\r\n[6-A. Appointment of Additional Cane Commissioners .– The Provincial \r\nGovernment may, by notification, appoint the \r\n4\r\n[District Coordination Officer] to be an \r\nAdditional Cane Commissioner to exercise such powers and perfor m such duties \r\nand functions of the Cane Commissioner, within the district or any part thereof, as \r\nmay be specified.] \r\n7. Appointment of Inspectors .– (1) The Provincial Government may, by \r\nnotification, appoint such persons as it thinks fit, to be Inspectors for the purposes of \r\nthis Act within such local limits as it may assign to them respectively. \r\n (2) No person shall be appointed to be an Inspector under sub -section (1) \r\nor, having been so appointed, shall continue to hold office, who is or becomes \r\ndirectly or indirectly interested in a factory or in any process or business carried on \r\ntherein or in any patent or machinery connected therewith. \r\n (3) Every Inspector, who shall be deemed to be a public servant within the \r\nmeaning of the Pakistan Penal Code, shall be officially subordinate to such authority \r\nas the Provincial Government may specify in this behalf, and shall exercise such \r\npowers and duties as may be prescribed from time to time. \r\n8. \r\n5\r\n[\r\n6\r\n[Crushing.– The occupier of a factory shall start crushing of cane not later \r\nthan a date specified by the Government which shall not be later than 30 th \r\nNovember.]] \r\n9. Estimate of Quantity of Cane Required by Factory .– (1) The Cane \r\nCommissioner may, by order, require the occupier of any Factory to submit to him on \r\nor before a date to be fixed by him, an estimate in the prescribed form and manner of \r\nthe quantity of the cane, which will be required during such crushing season, as may \r\nbe specified in the order. \r\n \r\n1Repealed by the Punjab Land Revenue Act, 1967. \r\n2Substituted for the words “as applicable to this Province” by the North-West Frontier Province Sugar Factories Contr ol \r\n(Amendment) Ordinance, 1961 (III of 1961) , published in the Gazette of West Pakistan (Extraordinary), dated January 18, \r\n1961, pp. 211-212, s. 4. \r\n3Inserted by the Sugar Factories Control (West Pakistan Amendment) Ordinance, 1963 (XLV of 1963), published in the Gazette \r\nof West Pakistan (Extraordinary), dated November 25, 1963, pp. 4513-4514, s. 2. \r\n4Substituted for the word “Collector” by the Sugar Factories Control (Amendment) Ordinance, 2001 (LVIII of 2001), published in \r\nthe Punjab Gazette (Extraordinary), dated December 22, 2001, pp. 2319-2320, s. 2. \r\n5Substituted by the Sugar Factories (Control) (Amendment) Act, 2021 (V of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated May 17, 2021, pp. 9159-9161, s. 3. \r\n6Substituted by the Sugar Factories (Control) (Amendment) Act, 2021 (XV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated June 22, 2021, pp. 9923-9924, s. 2. \r\n (2) The Cane Commissioner shall examine every such estimate and shall \r\npublish the same in the prescribed manner with such modifications, if any, as he may \r\nthink fit to make therein after consultation with the Board. \r\n (3) The Cane Commissioner may revise an estimate published under sub -\r\nsection (2) at any time without consulting the Board. \r\n10. Declaration of Reserved Area .– (1) The Cane Commissioner may, after \r\nconsulting the Board, issue an order declaring any area to be a reserved area for the \r\npurposes of the supply of cane to a particular factory during a particular cr ushing \r\nseason or seasons, and may likewise, at any time, cancel such order or alter the \r\nboundaries of an area so reserved. \r\n (2) An appeal shall lie against the order of the Cane Commissioner under \r\nsub-section (1) to the \r\n1\r\n[\r\n2\r\n[Secretary to Government of the Punjab, Food Department]]. \r\n11. Survey of Reserved Area .– (1) The Provincial Government may order a \r\nsurvey to be made of the area proposed to be reserved for or assigned to a factory \r\nand may recover the cost of such survey from the occupier of such Factory. \r\n (2) Every survey mentioned in sub -section (1) shall be made by an officer \r\nappointed by the Provincial Government for this purpose, and the said officer shall \r\nexercise and perform such powers and duties in making such survey as may be \r\nprescribed and the su rvey shall be made in accordance with the prescribed \r\nprocedure. \r\n (3) Every person owning or occupying land in any area in respect of which \r\na survey is being made under sub -section (2) shall afford to the officer making the \r\nsaid survey such assistance and facilities for making the said survey as may be \r\nprescribed. \r\n (4) Any amount due from the occupier of a Factory under sub -section (1) \r\nshall be recoverable from such occupier as an arrear of land revenue. \r\n12. Maintenance of Register .– The occupier of a Facto ry for the purposes of \r\nwhich an area has been reserved, shall maintain a register in the prescribed form \r\nand manner of all cane growers and Cane -Growers’ Co-operative Societies in such \r\narea. \r\n13. Purchase of Cane in a Reserved Area .– (1) A cane -grower or a Cane-\r\nGrowers’ Co-operative Society in a reserved area may, if required to do so by the \r\nCane Commissioner shall, offer in the form and by the date prescribed, and supply to \r\nthe occupier of the Factory, for which the area is reserved, such quantity of cane \r\ngrown by the cane -grower or by the members of such Cane -Growers’ Co-operative \r\nSociety, as the case may be, as is generally prescribed for, or specially directed by \r\nthe Cane Commissioner, for such cane -grower or Cane -Growers’ Co -operative \r\nSociety. \r\n \r\n1Substituted for the words “Provincial Government” by the North-West Frontier Province Sugar Factories Control (Amendment) \r\nOrdinance, 1961 (III of 1961), published in the Gazette of West Pakistan (Extraordinary), dated January 18, 1961, pp. 211-212, \r\ns. 6. \r\n2Substituted for the words “Commissioner of the Division” by the Sugar Factories Control (Amendment) Ordinance, 2001 (LVIII \r\nof 2001), published in the Punjab Gazette (Extraordinary), dated December 22, 2001, pp. 2319-2320, s. 3. \r\n \r\n1\r\n[(2) The occupier of a factory shall purchase cane from a cane grower or a \r\nCane Growers Co -operative Society, as the case may be, against Cane Purchase \r\nReceipt (CPR) at the rate notified under section 16 of the Act, and shall make \r\npayment to the cane grower \r\n2\r\n[through a bank directly into the bank account of the \r\ncane grower within fifteen days of supply of sugar cane]: \r\n provided that the occupier of a factory shall not purchase cane from a person \r\nwho is a member of a Cane Growers Co-operative Society.] \r\n (3) Unless the Provincial Government otherwise directs, cane grown in a \r\nreserved area shall not be purchased by a purchasing agent or by any person other \r\nthan the occupier of the factory for which such area has been reserved except by \r\nanother grower for the bona-fide purpose of seed. \r\n (4) Cane grown in a reserved area shall not be sold by any person other \r\nthan a cane-grower or a Cane-Growers’ Co-operative Society, provided that a cane -\r\ngrower or a Cane -Growers’ Co -operative Society may deliver cane intended for a \r\nfactory through another cane-grower of that area, or through a carrier. \r\n \r\n3\r\n[(5) * * * * * * * * * ] \r\n4\r\n[\r\n5\r\n[13-A. Powers of the Cane Commissioner to determine the liability of an \r\noccupier of a factory .– (1) The Cane Commissioner shall determine the liability of \r\nthe occupier of a factory for payment of cane price to a cane -grower or the cane -\r\ngrowers, as the case may be, not later than forty five days of the end of the crushing \r\nseason. \r\n (2) When the Cane Commissioner makes a determination under sub -\r\nsection (1) and th e amount so determined is not paid within the stipulated time \r\nperiod of fifteen days, the amount shall be recoverable as arrears of land revenue \r\nunder the Punjab Land Revenue Act, 1967 (XVII of 1967). \r\n (3) An amount recoverable as arrears of land revenue u nder sub-section \r\n(2) shall be recovered by the Additional Cane Commissioner of the concerned \r\nDistrict from an occupier of the factory and the recovered amount shall be paid to the \r\ncane-grower in question. \r\n (4) The powers granted under subsections (1), (2) and (3) shall be \r\ndeemed to have always been vested in the Cane Commissioner and the Additional \r\nCane Commissioner, as the case may be. \r\n (5) An appeal shall lie to the Secretary Food against an order passed by \r\nthe Cane Commissioner or Additional Cane Commissioner under this Section.]] \r\n \r\n1Substituted by the Sugar Factories (Control) (Amendment) Act, 2021 (V of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated May 17, 2021, pp. 9159-9161, s. 4(a). \r\n2Inserted by the Sugar Factories (Control) (Amendment) Act, 2021 (XV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated June 22, 2021, pp. 9923-9924, s. 3. \r\n3Omitted by the Sugar Factories (Control) (Amendment) Act, 2021 (V of 2021), published in the Punjab Gazette (Extraordinary), \r\ndated May 17, 2021, pp. 9159-9161, s. 4(b). \r\n4Inserted by the Act ibid., s.5. \r\n5Substituted by the Sugar Factories (Control) (Amendment) Act, 2021 (XV of 2021), published in the Punjab Gazett e \r\n(Extraordinary), dated June 22, 2021, pp. 9923-9924, s. 4. \r\n14. Declaration of Assigned Areas and Purchase of Cane therein .– (i) The \r\nCane Commissioner may, after consulting the Board, issue an order declaring an \r\narea to be an assigned area for the purposes of the supply of cane to a par ticular \r\nfactory. \r\n \r\n1\r\n[(ii) The occupier of a factory shall purchase cane from a cane grower or a \r\nCane Growers Co -operative Society or a purchasing agent, duly \r\nauthorized by the Cane Commissioner, and shall issue Cane Purchase \r\nReceipt (CPR) to the cane grower or the Cane Growers Co -operative \r\nSociety, as the case may be: \r\nprovided that the purchasing agent nominated by the occupier of a \r\nfactory shall also issue Cane Purchase Receipt (CPR) of the sugar \r\nfactory for purchase of cane from the cane grower as may be \r\nprescribed.] \r\n2\r\n[(iii) If the occupier of a factory enters into an agreement with a purchasing \r\nagent for purchase of cane, the purchasing agent shall issue Cane \r\nPurchase Receipt (CPR) of the sugar factory for purchase of cane from \r\ncane grower and shall be l iable to pay to the cane grower for the cane \r\npurchased from him through a bank as may be prescribed.] \r\n3\r\n[(iv) * * * * * * * * * ] \r\n(v) In the event of failure to supply the requisite quantity of cane, the \r\noccupier of the Factory or the purchasing agent, may, after giving the \r\nprescribed notice to the Cane -Commissioner, purchase the balance of \r\nthe cane required from outside the assigned area, unless otherwise \r\ndirected by him. \r\n(vi) An appeal shall lie against the order of the Cane -Commissioner under \r\nsub-section (i) or sub -sections (ii) and (iv) to the \r\n4\r\n[\r\n5\r\n[Secretary to \r\nGovernment of the Punjab, Food Department]]. \r\n6\r\n[14-A. Power of Cane Commissioner to prohibit cultivation of unsuitable \r\nvarieties of sugar -cane.– The Cane Commissioner may, by an order in writing, \r\nprohibit the cultivation in any reserved area by cane -growers or Cane -Growers \r\nCooperative Societies of any variety of sugar -cane declared by the Provincial \r\nGovernment under section 18 to be unsuitable for distribution.] \r\n15. Purchase of cane outside Reserv ed area .– In any area, other than a \r\nreserved area, no person shall purchase cane except (a) the occupier of a Factory or \r\n \r\n1Substituted by the Sugar Factories (Control) (Amendment) Act, 2021 (V of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated May 17, 2021, pp. 9159-9161, s. 6(a). \r\n2Substituted by the Sugar Factories (Control) (Amendment) Act, 2021 (V of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated May 17, 2021, pp. 9159-9161, s. 6(b). \r\n3Omitted by the Act ibid., s.6(c). \r\n4Substituted for the words “Provincial Government” by the North-West Frontier Province Sugar Factories Control (Amendment) \r\nOrdinance, 1961 (III of 1961), published in the Gazette of West Pakistan (Extraordinary), dated January 18, 1961, pp. 211-212, \r\ns. 6. \r\n5Substituted for the words “Commissioner of the Division” by the Sugar Factories Control (Amendment) Ordinance, 2001 (LVIII \r\nof 2001), published in the Punjab Gazette (Extraordinary), dated December 22, 2001, pp. 2319-2320, s. 3. \r\n6Inserted by the North-West Frontier Province Sugar Factories Control (Amendment) Ordinance, 1961 (III of 1961), published in \r\nthe Gazette of West Pakistan (Extraordinary), dated January 18, 1961, pp. 211-212, s. 7. \r\na person employed by him for the purpose of making such purchases; (b) a \r\npurchasing agent or a person employed by him for the purpose o f making such \r\npurchases; or (c) a Cane-growers’ Co-operative Society, (d) a Cane-grower for bona \r\nfide seed purpose: \r\n Provided that a person entitled to purchase cane, may take delivery thereof \r\nthrough a cane-grower or through a carrier. \r\n16. Power of Provincial Government to fix minimum price .– (i) The Provincial \r\nGovernment, after consultation with the Board, may by notification, determine in \r\nrespect of any area the minimum price to be paid by occupiers of Factories or \r\npurchasing agents for cane purchased in that area either generally or related to the \r\nsugar contents of the cane or direct that such minimum price shall be calculated in \r\nthe manner prescribed. \r\n(ii) The Provincial Government may from time to time vary, by notification, \r\nthe price fixed under sub-section (1). \r\n(iii) The occupier of Factory or a purchasing agent shall not make any \r\ndeduction from the amount due for cane sold to him by a cane -grower \r\nor a Cane -Growers’ Co-operative Society, except such deductions as \r\nmay be prescribed or as the Provincial Government may, by \r\nnotification, from time to time, allow. \r\n(iv) The Provincial Government may, after consultation with the Board, by \r\nnotification, direct that in addition to the minimum price to be paid for \r\ncane, the occupier of a factory shall pay for special varieties of cane to \r\nbe specified in the notification and which the cane -grower or Cane -\r\ngrowers’ Co -operative Society has agreed to supply, such additional \r\nprice as the provincial Government may direct. \r\n1\r\n[16-A. Quality Premium .– The Provincial Government may direct the factories to \r\npay quality premium at the end of the crushing season at such rate as may be \r\nspecified by the Provincial Government in proportion to the sucrose recovery of each \r\nfactory in excess of base level sucrose contents determined by the Provincial \r\nGovernment, from time to time.] \r\n17. Licensing of Purchasing Agents .– No person or class of persons shall be \r\nemployed by an occupier of a Factory or by a purchasing agent to do any work or \r\nclass of work in connection with any transaction for the purchase of cane and no \r\nperson shall exercise any of the powers conferred by or under this Act on a \r\npurchasing agent, unless he is licensed in the prescribed manner. \r\n18. Distribution of seed Cane by Factories .– (i) The occupier of a Factory or \r\nany other p erson acting on his behalf shall not distribute cane of any variety to any \r\nperson to be used by cane -growers or the members of Cane -Growers’ Co-operative \r\nSocieties if the Provincial Government after consulting the Board, has by an order \r\n \r\n1Added by the Sugar Factories Control ( Punjab Amendment) Act, 19 91 (II of 19 91), published in the Punjab Gazette \r\n(Extraordinary), dated March 16, 1991, pp. 765-766, s. 2. \r\npublished in the Ga zette\r\n1\r\n, declared that such variety of seed cane is unsuitable for \r\ndistribution to cultivators. \r\n(ii) The Provincial Government may, on the recommendations of the \r\nBoard, require the occupier of a Factory to distribute in an area \r\nreserved for the Factory suc h variety or seed -cane on such conditions \r\nand in such manner as it may prescribe in every case. \r\n19. Determination of “occupier” for Purposes of this Act .– (1) Where the \r\noccupier of a Factory is a firm or other association of individuals, any one of the \r\nindividual partners or members thereof may be prosecuted and punished under this \r\nAct for any offence for which the occupier of the Factory is punishable. \r\n Provided that the firm or association may give notice to the Collector that it \r\nhas nominated one of its members to be the occupier of the factory for the purposes \r\nof this Act, and such individual shall be deemed to be the occupier for the purposes \r\nof this Act until further notice canceling his nomination is received by the Collector or \r\nuntil he ceases to be a partner or member of the firm or association. \r\n (2) Where occupier of a factory is a company, any one of the directors \r\nthereof, or, in the case of a private company, any one of the share -holders thereof, \r\nmay be prosecuted and punished under this Act for a ny offence for which the \r\noccupier of the factory is punishable: \r\n Provided that the company may give notice to the Collector that it has \r\nnominated a director, or, in the case of a Private Company, a share -holder, to be the \r\noccupier of the factory for the pu rposes of this Act and such director or share -holder \r\nshall be deemed to be the occupier of the factory for the purposes of this Act, until \r\nfurther notice canceling his nomination is received by the Collector or until he ceases \r\nto be a director or share-holder. \r\n20. Appointment and removal of Factory Staff.– The occupier of a factory shall \r\nhave to employ a Cane Superintendent and such staff as may be prescribed by the \r\nProvincial Government, on the recommendations of the Cane Commissioner, to \r\nregulate, arrange and supervise the purchase of cane for the factory. The \r\nappointment and the award of punishment including removal from service of Cane \r\nSuperintendent and other staff shall be subject to the approval of the Cane \r\nCommissioner. \r\n21. Penalties.– \r\n2\r\n[\r\n3\r\n[(a) Subjec t to clause (aa), any person contravening the \r\nprovisions of this Act or any order or rule made thereunder shall be punishable with \r\nimprisonment for a term which may extend to three years or with fine which may \r\n \r\n1Now refers as to “Official Gazette”, see the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957) (w.e.f. \r\n14.10.1955), published in the Gazette of West Pakistan (Extraordinary), pp. 709-789, s. 3(4) (iv). \r\n2Substituted by the Sugar Factories Control ( Punjab Amendment) Act, 19 91 (II of 19 91), published in the Punjab Gazette \r\n(Extraordinary), dated March 16, 1991, pp. 765-766, s. 3. \r\n3Substituted by the Sugar Factories (Control) (Amendment) Act, 2021 (V of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated May 17, 2021, pp. 9159-9161, s. 7(a). \r\nextend to five million rupees \r\n1\r\n[per day] but s hall not be less than one million rupees \r\n2\r\n[per day] or with both: \r\n provided that the fine shall not be less than five million rupees \r\n3\r\n[per day] in \r\ncase of a repeated offence.] \r\n (aa) Any person who fails to comply with the provisions of section 16 or 16 -\r\nA, or any directions issued thereunder, shall be punished with imprisonment for a \r\nterm which may extend to two years or with fine which may extend to twice the price \r\nof the sugarcane or twice the amount of quality premium due, as the case may be.] \r\n \r\n4\r\n[\r\n5\r\n[(b) Offences under the Act shall be cognizable upon a report by the Cane \r\nCommissioner or the Additional Cane Commissioner or their nominee and shall be \r\nbailable.]] \r\n22. Institution of Proceedings.– \r\n6\r\n[(i) * * * * * ] \r\n7\r\n[(ii) * * * * * * * * * ] \r\n(iii) No court inferior to that of a \r\n8\r\n[Magistrate Section 30], shall try any \r\noffence under this Act or any order or rule made thereunder. \r\n(iv) (a) No suit, prosecution or other legal proceeding shall lie against the \r\nProvincial Government or any of its servants f or anything which \r\nis done in good faith or intended to be done under this Act or the \r\nrules framed thereunder. \r\n(b) The exercise of any discretion or authority conferred on the \r\nProvincial Government or the Board or the Cane Commissioner \r\nby this Act shall not be questioned in any Civil Court. \r\n(c) The Provincial Government may delegate all or any of its \r\npowers under this Act to any officer not below the status of a \r\nCollector. \r\n23. Powers to make Rules .– (1) The Provincial Government may make rules to \r\ncarry out the provisions of this Act. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npowers such rules may provide for the constitution, powers, duties and procedure of \r\nthe appointment of the Cane Commissioner and Inspectors and the powe rs and \r\nduties to be exercised and performed by them. \r\n \r\n1Inserted by the Sugar Factories (Control) (Amendment) Act, 2021 (XV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated June 22, 2021, pp. 9923-9924, s. 5(a). \r\n2Ibid. \r\n3Ibid. \r\n4Substituted by the Sugar Factories (Control) (Amendment) Act, 2021 (V of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated May 17, 2021, pp.9159-9161, s. 7(b). \r\n5Substituted by the Sugar Factories (Control) (Amendment) Act, 2021 (XV of 2021), published in the Punjab Gazette \r\n(Extraordinary), dated June 22, 2021, pp. 9923-9924, s. 5(b). \r\n6Omitted by the Sugar Factories (Control) (Amendment) Act, 2021 (V of 2021), published in the Punjab Gazette (Extraordinary), \r\ndated May 17, 2021, pp. 9159-9161, s. 8(a). \r\n7Ibid. \r\n8Substituted for the words “Magistrate of the 1st Class” by the Act ibid., s. 8(b). \r\n (3) The authorities by which any function under this Act or the rules made \r\nthereunder are to be performed. \r\n (4) The form in which the notices required by \r\n1\r\n[section] 14(v) should be \r\ngiven. \r\n (5) The form, manner and date for the submission of estimates mentioned \r\nin section 9, and the manner in which and the places at which such estimates should \r\nbe published. \r\n (6) The procedure to be followed for making a survey under section 11, the \r\npowers to be exercised by survey officers and the assistance to be afforded by \r\nowners and occupiers of land to the officers making such survey. \r\n (7) Records, registers and accounts and the submission of returns, the \r\nsupply of copies of entries 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