The Sugar Export Promotion Act, 1958

(1) This Act may be called The Sugar Export Promotion Act, 1958. (2) It extends to the whole of India.

In this Act, unless the context otherwise requires, (a) "export" means taking out of India by sea, land or air; (b) "export agency" means any such agency as may be specified in this behalf under section 3, andwhen no such agency has been so specified, the Central Government; (c) "export quota" means the export quota referred to in section 5; (d) "factory" means any premises (including the precincts thereof) wherein sugar is being producedby the vacuum pan process; (e) "owner"-- (i) with reference to any factory the possession of which has been transferred by lease, mortgageor otherwise, means the transferee so long as his right to possession subsists; (ii) with reference to any factory for which an agent, by whatever name called, is employed,means the agent, if, and in so far as, he has been duly authorised by the owner in that behalf, and (iii) with reference to any factory the management of which has been taken over by any personor body of persons under the Industries (Development and Regulation) Act, 1951 (65 of 1951),means that person or body of persons; (f) "sugar" means any form of sugar containing more than ninety per cent, of sucrose; (g) "year" means the year beginning on the first day of May.

(1) For the purposes of this Act, the Central Government may, by notification inthe Official Gazette, specify as an export agency any company within the meaning of the Companies Act,1956 (1 of 1956), or any body of persons established or recognised as a body corporated by or under anyother law for the time being in force. (2) Where any such company or other body corporate has been specified as an export agency, it shallbe lawful for such agency to perform all or any of the functions of an export agency under this Act,notwithstanding anything to the contrary contained in the memorandum or article of association of thecompany or, as the case may be, the law applicable thereto.

(1) The Central Government may, bynotification in the Official Gazette, fix from time to time the quantity of sugar which may be exportedduring any period, and, in fixing such quantity, the Central Government shall have regard to (a) the quantity of sugar available in India, (b) the quantity of sugar which, in its opinion, would be reasonably required for consumption inIndia, (c) the necessity for exporting sugar with a view to earning foreign exchange in the public interest. (2) The power conferred by sub-section (1) shall be so exercised as to ensure that the quantity fixedunder that sub-section for any year does not exceed in the aggregate twenty per cent, of the quantity ofsugar produced in India in the season ending with the month of October falling within that year

The Central Government shall by order in writing, apportion thequantity of sugar fixed from time to time for purposes of export under section 4 among the owners inproportion to the quantity of sugar produced, or likely to be produced, by them respectively during theseason referred to in sub-section (2) of section 4, and such order shall be communicated to each of theowners, and the quantity so apportioned shall be deemed to be the export quota for the factory of thatowner