Amendment status not verified — confirm the current text below against the official source.
Insertion by section 3 of U. P. Act no. 34 of 1976. 275 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 27-28] Provided that without prejudice to the general application of sections 6 and 24 of the U. P. General Clauses Act, 1904, with regard to repeal and continuation of appointments, notifications, orders etc. under enactment repealed and re- enacted, this repeal shall not prejudice or affect--- (a) the operation of any notice served, order made of any permit, licence or sanction granted before the commencement of this Act under the powers conferred by the said Act· (b) the continued validity of any cess, tax, fee or other penalty assessed or imposed under the said Act prior to its repeal or the power to assess or impose any such cess, tax, fee or penalty in respect of the period prior to its repeal or anything done or permitted to be done thereunder, and such cess, tax, fee or penalty may be assessed or imposed and any such thing done as if the said Act had not been repealed; (c) the continuance of a Board or Cane Development Council constituted under the said Act and the same shall, till such Board or Council has been duly constituted under and in accordance with this Act, exercise of power, duties and functions exercisable or dischargeable by it under this Act; or (d) the continued operation of any immunity, exemption or protection granted by or under the said Act : Provided further, that any area declared to be a reserved area or an assigned area under the said Act shall, unless directed otherwise or superseded by anything done or any action taken under this Act, continue in force as if declared under this Act. Transitional provision 27- The State Government may for the purpose of removing any difficulties in relation to the transition from the provisions of the said Act to this Act, by order published in the official Gazette- (a) direct that this Act shall during such periods as may be specified in the order take effect subject to such adaptations whether by way of modification, addition or omission as it may deem fit to be necessary or expedient; and (b) make such other temporary provision for the purpose of removing any such difficulty as it may deem fit to be necessary or expedient : Provided that no such order shall be made after twelve months from the commencement of this Act. Power to make rule 28- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) Without prejudice to the generality of foregoing power, such rules may provide for- 276 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 28] (a) the establishment and constitution of the [ Council;]2 (b) the dissolution and reconstitution of the [Councils]2 and other matters incidental thereto ; (c) the procedure to be followed in removal of members of the' Council ; (d) the provisions for the conduct of business by-the [Council ;]2 (e) the manner of summoning of the annual meeting of the Council under section 6, the business to be transacted at such meetings and the procedure for the transaction of such business; (f) the manner and form in which the fund placed at the disposal of the Council under section 8 shall be maintained and the application and payment from such fund; . (g) the directions to be issued by the State Government to the Board and Councils for carrying out the purposes of this Act; (h) the duties, powers and function of the Sugar Commissioner and the Cane Commissioner ; (i) the matters relating to the appointment and other conditions of service of inspectors to be appointed under section 11 and their duties, powers and functions ; (j) the time within which applications and appeals may be presented under this Act, in cases for which no specific provision in that behalf has been made herein; (k) the fees to be paid in respect of application and appeals under this Act (l) [ * * *]1 (m) the form of the agreement to be entered into by or under the provisions of this Act and the penalty to be paid for breach of conditions of agreement ; [(n) the constitution, operation, management, supervision and audit of Councils and control of their staff and finances and conditions relating to the recognition of the U. P. Cane Unions Federation and Cane-growers' Co- operative Societies for the purposes of this Act]2 ; (o) the rate at which and the manner in which commission shall be paid to the Cane-growers’ Co-operative Society on supply of cane by them ; (p) the correct weighment of cane, the provision of facilities for weighment and for checking weighments and of timings of weighments ; (q) the provision of approach roads, parking space for carts bringing cane to factories, sheds for bullocks and cart drivers, water troughs for bullocks and other connected matters; 1- Omitted by section 7 of U. P. Act No. VII of 1974. 2- Substituted by section 134(5) of U.P. Act No. XI of 1966. 3- Subs. by section 4 of Uttarakhand Act No. 09of 2009. 277 [The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 28] (r) the reference to the Cane Commissioner of this disputes; [(i) regarding the business of the Cane-growers' Co-operative Societies, between the society and the factory or between a cane-grower and factory; ]1 (ii) between the Council and Cane-growers' Co-operative Societies or between the Council and the Factory or between the Council and the Cane-grower regarding the payment of contribution to the Council by the societies or the factories and any other dispute relating to the business of the Council; for decision to the Cane Commissioner or if he so directs to arbitration, the mode of appointing arbitrators, the procedure to be followed before the Cane Commissioner or the arbitrator and the enforcement of the decision of the Cane Commissioner or the awards of the arbitrator or arbitrators ; (s) the form of the statements, returns, register and other forms required to be maintained by or under this Act and the filling of such returns, statements and forms; (t) the form and the manner in which application shall be made for various purposes by or under this Act; (u) the duties of any officer or authority having jurisdiction under this Act and the procedure to be followed by such officer or authority ; and (v) the matters which are to be or may be prescribed. (3) The rules made under this section shall come into force from a date to be appointed by the State Government. (4) All such rules shall be laid before the State Legislature when it meets immediately after their enforcement and shall be subject to such omissions, alterations and additions as the Legislature may make,