SUGAR INDUSTRY CONTROL ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

 

PART I
The Sugar industry Authority

   3   Establishment of Sugar Industry Authority

   4   Functions of the Authority

   5   Research and planning

   6   Marketing of sugar and molasses

   7   Policy directions by Minister

   8   Cess

   9   Deduction of cess

   10   Recommendations by Authority

   11   Powers of Authority

 

PART II
Restriction on Importation of Sugar and Prohibition of Exportation of Muscovado Sugar

   12   Restriction on importation of all sugar and prohibition of exportation of Muscovado sugar

   13   Seizure and forfeiture of sugar

   14   Onus of proof

   15   Search of vessels

 

PART III
Island Quotas

   16   Island Quotas

   17   [Repealed by Act 11 of 1994.]

 

PART IV
Special to Local Consumption Sugar

   18   Sale of sugar for local consumption.

   19    [Repealed by Act 11 of 1994.]

 

PART V
Manufacturers' Quota Licences and Quotas Thereunder

   20   Factories may be added to or removed from the First Schedule

   21   Prospective factory

   22   Application for and issue of quotas and export licences

   23   In cases of hardship Authority may increase manufacturer's quota of any manufacturer

   24   Island Reserve Quota

   25   Right of appeal of persons aggrieved

   26   Offence to manufacture or export sugar without licence, and offences by licence-holders

 

PART VI
Cane Farmers
Registration, Licences and Prices

   27   Deliveries not to be accepted unless cane farmers are registered

   28   Registration of cane farmers

   29   [Repealed by Act 11 of 1994.]

   30   Certificate of registration

   31   Offences

   32   Cane farmers' licences

   33   Special cane farmer's licence

   34   Right of appeal of cane farmer

   35   [Repealed by Act 11 of 1994.]

 

PART VI
Determination of Disputes

   36   Disputes to be referred to the Authority

   37   Mode of dealing with reference to Authority

   38   Orders by the Authority

   39   This Part not to apply to certain cases

 

PART VIA
Payment of Certain Revenues into the Consolidated Fund

      Revenues to be paid to Consolidated Fund

 

PART VI
General

   40   Regulations

   41   Part VI to cease to have effect on order by Authority

   42   Punishment for offences not otherwise provided for

   43   Trial of offences

   44   Offences by companies

   45   Saving

   46   Termination of cane contract by notice

      SCHEDULES

 

THE SUGAR INDUSTRY CONTROL ACT

[Date of Commencement: 30th December, 1937]

Cap 372

Laws
49 of 1953,
45 of 1955,
65 of 1956.

Acts
8 of 1970,
12 of 1973,
26 of 1978,
11 of 1994.

LNs
38/1955,
68/1955,
267/1959,
18/1961,
379/1968,
458/1968,
65/1970,
28/1975,
335/1975,
93s/1986,
472/1989.

1   Short title

   This Act may be cited as the Sugar Industry Control Act.

2   Interpretation

   In this Act-

   "approved marketing organisation" means a marketing organisation which the Authority has approved as such for the purposes of this Act;

[11/1994 s 2.]

   "the Authority" means the Sugar Industry Authority established under section 3;

[8/1970 s 2.]

   "cane farmer" means a person who cultivates sugar canes for sale or delivery whether under contract or otherwise, to a manufacturer at a factory, but unless the context otherwise requires the expression shall not include a manufacturer who cultivates sugar canes on his own land;

[45/1955 s 2.]

   "export" or "exportation" means to take or cause to be taken out of the Island, and the time at which any sugar shall be taken aboard any export vessel shall be deemed to be the time of the exportation of such sugar;

   "factory" means any factory, whether completely erected, in the course of erection or intended to be erected, which is for the time being specified in the First Schedule, and at which sugar is manufactured or is intended to be manufactured;

   "functions" includes powers and duties;

[8/1970 s 2.]

   "import" means to bring or cause to be brought within the Island or the waters thereof;

   "industry" means the sugar industry;

[8/1970 s 2.]

   "Island export quota" and "Island local consumption quota" mean respectively such proportion, state in tons, of the Island quota, permitted to be exported, or to be made available for local consumption by virtue of an order made under Part III;

   "the Island muscovado sugar quota" means the total number of tons of Muscovado sugar permitted to be manufactured in a quota period;

   "Island quota" means the total number of tons of sugar except Muscovado sugar permitted to be exported from the Island in a quota period and to be made available in a quota period for consumption in the Island by virtue of an order made under Part III;

   "Island reserve" means any sugar intended for export manufactured or on hand in excess of the Island quota;

   "manufacturer" means a person owning or having control of a factory;

   "quota period" means any period in respect of which an Island quota has been fixed by an order made under Part III;

   "raw sugar" means sugar in the form of brown crystals (containing impurities) of which the sucrose content by weight, in the dry state, corresponds to a polarimetric reading of less than 99.5°;

[11/1994 s 2.]

   "sugar" means sugar in any of its commercial forms except the products known as wet sugar and final molasses, and includes beet and any other sugar, and such products of the sugar cane, except wet sugar and final molasses, which the Minister by order may from time to time declare to be sugar for the purposes of this Act;

   "ton" means a long ton of 2,240 lbs. avoirdupois.

PART I
The Sugar Industry Authority

[8/1970 s 3.]

3   Establishment of Sugar Industry Authority

   (1) There is hereby established for the purposes of this Act a body to be known as the Sugar Industry Authority.

   (2) The provisions of the Third Schedule shall have effect as to the constitution of the Sugar Industry Authority and otherwise in relation thereto.

4   Functions of the Authority

   (1) It shall be the duty of the Authority to advise the Minister-

[12/1973 s 2(a).]

   (a)   on all matters of general policy with respect to the operations and development of the industry;

   (b)   with respect to applications for licences in relation to the introduction of mechanical units in the industry; and the measures to be adopted in dealing with the incidence and effect of redundancy as a consequence of mechanization of the industry;

   (c)   with respect to the use, on an economic and efficient basis, of ports in relation to the exportation of sugar.

   (2) The Authority shall have power to perform any functions assigned to it by or under this Act or any other enactment.

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