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SUGAR DEVELOPMENT FUND ACT 1982

ACT NO. 4 OF 1982

[19th March, 1982.]

Short title, extent and commencement.

1. Short title, extent and commencement. (1) This Act may be called the Sugar Development Fund Act, 1982.

(2) It extends to the whole of India.

(3) It shall come into force on such date 1* as the Central Government may, by notification in the Official Gazette, appoint.

Definitions. 2. Definitions. In this Act, unless the context otherwise requires,-- (a) "Committee" means the Committee constituted under section 6; (b) "Fund" means the Sugar Development Fund formed under section 3; (c) "prescribed" means prescribed by rules made under this Act; (d) all other words and expressions used in this Act and not defined, but defined in the Sugar Cess Act, 1982, shall have the meanings respectively assigned to them in that Act.

Sugar Development Fund.

3. Sugar Development Fund. (1) There shall be formed a fund to be called the Sugar Development Fund.

(2) An amount equivalent to the proceeds of the duty of excise levied and collected under the Sugar Cess Act, 1982, reduced by the cost of collection as determined by the Central Government, together with any moneys received by the Central Government for the purposes of this Act, shall, after due appropriation made by Parliament by law, be credited to the Fund. --------------------------------------------------------------------- 1 1-6-1982 : Vide notification No. G.S.R. 436 (E) dated 29-5-1982, Gazette of India, Extra ordinary 1982, Pt. II Section 3(i). 16

(3) The Fund shall consist of the amounts credited under sub-

section (2) and any income from investment of such amounts.

Application of Fund.

4. Application of Fund. (1) The Fund shall be applied by the Central Government,-- (a) for making loans for facilitating the rehabilitation and modernisation of any sugar factory or any unit thereof or the undertaking of any scheme for development of sugarcane in the area in which any sugar factory is situated; (b) for making grants for the purpose of any research project aimed at development of sugar industry; 1*[(bb) for defraying expenditure for the purpose of building up and maintenance of buffer stocks of sugar with a view to establishing price of sugar;] (c) for defraying any other expenditure for the purposes of this Act.

(2) The manner in which any loans or grants may be made under this section and the terms and conditions subject to which such loans or grants may be made shall be such as may be prescribed.

Applications for loans or grants. 5. Applications for loans or grants. Every application for loan or grant under section 4 shall be made to the Committee in such manner and in such form as may be prescribed.

Committee.

6. Committee. (1) For the purpose of securing speedy consideration and disposal of applications received under section 5 and for considering any problems arising in the course of the administration of this Act, the Central Government may constitute a committee of officers of that Government.

(2) The composition of the Committee and the procedure to be followed by the Committee in the discharge of its functions under this Act shall be such as may be prescribed.

Annual report of activities financed under the Act. 7. Annual report of activities financed under the Act. The Central Government shall, as soon as may be, after the end of each financial year, cause to be published in the Official Gazette, a report giving an account of the activities financed under this Act during the financial year, together with a statement of accounts.

Power to call for reports and returns. 8. Power to call for reports and returns. The Central Government may require an occupier of a sugar factory to furnish, for the purposes of this Act, such statistical and other information, in such form and within such period as may be prescribed.

Power to make rules.

9. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. ---------------------------------------------------------------------- 1 Inserted by Act 64 of 1982 s.z (w.e.f 13-11-1982) 17

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,-- (a) the manner in which any loans or grants may be made and the terms and conditions subject to which such loans or grants may be made under section 4; (b) the manner and form in which applications may be made under section 5; (c) the composition of the Committee under section 6 and the procedure to be followed by the Committee in the discharge of its functions under this Act; (d) the form in which and the period within which statistical and other information may be furnished under section 8; (e) any other matter which is required to be or may be prescribed.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without pejudice to the validity of anything previously done under that rule.

Short title, extent and commencement.

1.Short title, extent and commencement.(1) This Act may be called the Governors (Emoluments, Allowances and Privileges) Act, 1982.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date' as the Central Government may, by notification in the Official Gazette, appoint.

Definitions. 2.Definitions. In this Act, unless the context otherwise requires,- (a) "Governor" means the Governor, or any person discharging the functions of the Governor, of any State or of two or more States; (b) "maintenance",- (i) provision of electricity, gas and water ; (ii) and allowances of chauffeurs and the provision of oil and petrol or other fuel ; (c) "members of the family", in relation to a Governor, means the spouse and the dependent children of the Governor; (d) "official residences " in relation to a Governor, means such residences as may be specified by the President, by notification in the Official Gazette, as the official residences of the Governor and includes the staff quarters and other buildings appurtenant thereto and the gardens thereof; (e) "rules" means rules made under this Act; (f) "State" does not include a Union territory. --------------------------------------------------------------------- 1st April, 1987 See Notification No. G.S.R. 342 (E), dated 30th March, 1987, Gazette of India, Extraordinary, 1987, Pt. II, Sec. 3 (i). p. ---------------------------------------------------------------------

Emoluments. 3.Emoluments. There shall be paid to every Governor emoluments at the rate of rupees eleven thousand per mensem. Provided that if a Governor, at the time of his appointment,- (a) is in receipt of a pension (other than disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments his emoluments shall be reduced,- (i) by the amount of that pension ; and (ii)if he hag, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension ; (b) is in receipt of any benefit by way of contributory provident fund, his emoluments shall be reduced by the pension equivalent of such benefit.

Leave allowance.

4.Leave allowance.(1) Subject to any rules made in this behalf, the President' shall grant such leave to a Governor as he may consider necessary.

(2) Where a Governor is granted leave by the President, he shall, during the period of such leave, be paid leave allowance at such rate as the President may by order determine: Provided that such leave allowance shall be reduced to the extent, if any, to which the emoluments of the Governor are liable to be reduced under the proviso to section 3.

Use and maintenance of official residences. 5.A Use and maintenance of official residences. Governor shall be entitled, without payment of rent, to the use of his official residences throughout his term of office and no charge shall fall on the Governor personally in respect of the furnishing or the main- tenance of such residences.

Household establishment. 6.Household establishment. Subject to any rules made in this behalf, no charge shall fall on a Governor personally in respect of pay, allowances or pension or other emoluments paid to or facilities provided for, the members of the household establishment provided to the Governor.

Medical treatment. 7.Medical treatment. Subject to any rules made in this behalf, a Governor and the members of his family shall be entitled during the term of his office and --------------------------------------------------------------------- 1. Subs. by Act 17 of 1987, S.2 (w.e.f. 1-4-1986). 2. Subs. & Omitted by Act 1 of 1994, S.2 (w.e.f 1-6-1988). --------------------------------------------------------------------- 111 thereafter also. to free medical attendance, accommodation and treat- ment in the hospitals maintained by the Central Government or the Government of any State.

Conveyance.

8.Conveyance.(1) A Governor shall be entitled to use without payment of rent or hire, such number of motor vehicles as the President may by order determine.

(2)

the maintenance of the motor vehicles referred to in sub-section (1).

(3) by the members of the family of a Governor shall be regulated by rules made in this behalf.

Travelling allowance on assumption or vacation of office. 9.Travelling allowance on assumption or vacation of office. Subject to any rules made in this behalf, a Governor shall be entitled to travelling allowance for himself and the members of his family and for the transport of his and his family's effects- (a) in respect of the journey for assuming office from the place where he is ordinarily residing to the place of his duty; and (b) in respect of the journey on relinquishing office from the place of his duty to the place where he would ordinarily reside thereafter or if he is to take up any other office under the Government (including the office of the Governor of another State) after such relinquishment, to the place of duty with respect to such other office.

Allowances for renewing furnishings and for maintenance of officialresidences. 10.Allowances for renewing furnishings and for maintenance of official residences. Subject to any rules made in this behalf a Governor shall be entitled to such allowances for renewing the furnishings and for the maintenance of the official residences, as the President may by order determine.

Other privileges and allowances. 11.Other privileges and allowances.For the purpose of enabling a Governor to discharge conveniently and with dignity the duties of his office. he shall be- (i) cribed by rules made in this behalf, and (ii) such amount, as the President mat by general or special order, determine by way of the following, namely:- (a) entertainment allowance; 112 (b) hospitality grant; (c) household establishment expenses; (d) office expenses; (e) contract allowance, i.e., an allowance for miscellaneous expenses ; (f) tour expenses; and (g) such other allowances or expenses as may be provided for by rules.

Additional expenses.

12.Additional expenses. (1) Where, in the case of any Governor, the President is satisfied that the amount authorised under this Act by way of any allowances or for meeting any expenses with respect to any matter requires to be increased or that a need has arisen to sanction expenses with respect to any matter for which provision, though permissible, has not been made in the rules made under this Act, he may by special order increase such amount or sanction such expenses to such extent as may be specified in such order.

(2) An order may be made under sub-section (1) so as to have retrospective effect.

(3) Every order made under this section shall be laid, as soon as may be after it is made, before both Houses of Parliament.

Power to make rules.

13.Power to make rules. (1) The President may, by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) grant of leave to a Governor under section 4; (b) matters relating to the household establishment provided to a Governor under section 6; (c) medical attendance, accommodation and treatment of a Governor and the members of his family under section 7; (d) the use of motor vehicles by the members of the family

of a Governor under sub-section (3) of section 8; (e) the travelling allowance on assumption or vacation of office of Governor under section 9: (f) allowances for renewing the furnishings and for the maintenance of the official residences under section 10 ; 113 (g) the privileges to which a Governor is entitled and the allowances or expenses payable to a Governor under section

(3) Every rule made by the President under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be ; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Validation.

14.validation. (1) Every special order issued before the commencement of this Act, by the President in regard to the allowances expenses (including medical expenses) or privilege-, of any Governor (other than the Governor of Nagaland) shall, notwithstanding that such order was made with retrospective effect, or is inconsistent with any general order issued under any law with respect to those matters be as valid and effective a.-, if such special order formed part of this sub-section and this sub-section had been in force at all material times.

(2) commencement of this Act, by the President in regard to the allowances, expenses (including medical expenses) or privileges of the Governor of Nagaland shall, notwithstanding that such order was made with retrospective effect, be as valid and effective as if it formed part of this sub-section and this sub-section had been in force at all material times.

Saving. 15.Saving. Nothing contained in this Act or the rules made thereunder shall ,a have effect so as to diminish the emoluments and allowances of any Governor during his term of office.