Mauritius Cane Industry Authority Act

Cane (Specification of Varieties) Regulations 2013

[GN 100 of 2013 – 6 May 2013] [Sections 17 and 63(1)]

1. These regulations may be cited as the Cane (Specification of Varieties)
Regulations 2013.

2. The varieties of cane which may be planted and propagated shall be those specified in the Schedule.

3.- 4.

_______________

SCHEDULE

[Regulation 2]

VARIETIES OF CANE WHICH MAY BE PLANTED AND PROPAGATED

M 3035/66

M 695/69

M 1557/70

M 1176/77

M 52/78

M 1658/78

M 96/82

M 1246/84

M 387/85

M 1186/86

M 1394/86

M 1400/86

M 2024/88

M 2256/88

M 703/89

M 1861/89

M 2238/89

M 1672/90

M 2593/92

M 1989/99

R 570

R 573

R 575

R 579

_______________

Mauritius Cane Industry Authority (Authorised Body) Regulations 2012

[GN 102 of 2012 – 26 May 2012] [Section 63]

1. These regulations may be cited as the Mauritius Cane Industry Authority (Authorised Body) Regulations 2012.

2. In these regulations –

"Act" means the Mauritius Cane Industry Authority Act.

3. For the purpose of sections 2 and 7 of the Act, a body specified in the Schedule shall be an authorised body.

_______________

SCHEDULE

[Regulation 3]

Mauritius Sugar Syndicate

_______________

Mauritius Cane Industry Authority (Cane Contract) Regulations 2012

[GN 105 of 2012 – 15 May 2012] [Section 63]

1. These regulations may be cited as the Mauritius Cane Industry Authority (Cane Contract) Regulations 2012.

2. In these regulations –

"Act" means the Mauritius Cane Industry Authority Act.

3. (1) For the purpose of section 28 of the Act, a cane contract between –

 (a) a planter and a miller shall be in the form set out in the First Schedule;

 (b) a planter and a middleman shall be in the form set out in the Second Schedule;

 (c) a middleman and a miller shall be in the form set out in the Third Schedule;

 (d) a cooperative credit society and a miller shall be in the form set out in the Fourth Schedule.

(2) For the purpose of paragraph (1)(d), reference to a cooperative credit society shall be deemed to include reference to a registered planters' association.

4. 

_______________

FIRST SCHEDULE

[Regulation 3(1)(a)]

FORM OF CANE CONTRACT BETWEEN A PLANTER AND A MILLER

Agreement between............................................................................................................. residing at ........................................................................................................ (hereinafter referred to as "the planter")

And

............................................................................................................................ represented by .................................................................................................................... duly authorised to sign this Agreement (hereinafter referred to as "the miller")

It is agreed as follows –

1. The planter who is registered with the Sugar Insurance Fund Board under number ...... undertakes to deliver to the miller, and the miller undertakes to mill during the crop year/s .........., all the canes which the planter will cultivate on one or .......... portion/s of land of an aggregate area of .............................. situate at ............... and yielding approximately .................................................. tonnes of canes per crop year.

2. The canes which shall be of a quality which complies with such standards, including the maximum allowable percentage of extraneous matter, as may be specified in the Mauritius Cane Industry Authority (Weighbridge Control) Regulations 2012, shall be delivered at .................................................. and weighed at the expense of the miller. The planter or any person authorised by him shall be entitled to be present at the time the canes are weighed. The miller shall issue, or cause to be issued, in respect of any consignment of canes which is weighed, a receipt in such form as the Control and Arbitration Committee may approve and the weight recorded on the receipt shall be binding on the planter and the miller, unless at the time of the issue of the receipt objection is taken by the parties as to the weight recorded. In the event any objection which is taken is not settled by the parties, they agree to refer the objection to the Control and Arbitration Committee for adjudication.

3. If the loading and transport of the canes are undertaken by the miller, the planter undertakes to pay to the miller the, cost of the loading and transport of the canes at such rate as may be determined by the Control and Arbitration Committee in accordance with the Mauritius Cane Industry Authority Act.

4. The date, time and rate of delivery of the canes shall be determined by the parties who agree that any dispute shall be referred to the Control and Arbitration Committee for adjudication.

5. The miller shall be entitled to decline to accept any variety of cane which is prohibited by law.

6. (1) In the event of any stoppage of the factory, the miller undertakes –

 (a) to give notice of the stoppage to the planter; and

 (b) to take delivery of such quantity of the canes already cut as does not exceed the daily supply.

(2) On receipt of a notice under sub-paragraph (1)(a), the planter undertakes to cease cutting his canes until he receives notice from the miller or his authorised representative to resume the cutting.

7. All burnt, immature, petite saison and virgin canes shall be accepted and milled by the miller, provided a separate sucrose content test on those canes is authorised by the Control and Arbitration Committee.

8. The planter shall be entitled to receive, in respect of canes delivered by him, the entitlement provided under section 39 of the Mauritius Cane Industry Authority Act.

9. Every week the miller shall make a provisional settlement in sugar or cash for canes supplied by the planter during the preceding week on the basis of the quantity of sugar to which the planter is entitled in accordance with the current provisional determination made by the Control and Arbitration Committee in respect of the crop year during which the canes have been delivered. Where, however, the Control and Arbitration Committee has not made a provisional determination in respect of that crop year, the settlement shall be made on the basis of the first provisional determination made by the Control and Arbitration Committee in respect of the preceding crop year. Any dispute under this paragraph shall be referred to the Control and Arbitration Committee for adjudication and where the provisional settlement is revised by the Control and Arbitration Committee, the provisional settlement shall be made retrospectively on the revised basis.

10. Where, the Control and Arbitration Committee has made a final determination in respect of the quantity of sugar to which a planter is entitled and the quantity of sugar which the planter has received is less than the amount determined by the Control and Arbitration Committee, the miller shall make a settlement in respect of the difference not later than 15 days from the date on which the Control and Arbitration Committee has given notice of the final determination.

11. Where the quantity of sugar which the planter has-received is in excess of the quantity to which he is entitled, the planter shall authorise the miller to request the Mauritius Sugar Syndicate to make a payment on his behalf in respect of the excess and the planter further agrees that the Mauritius Sugar Syndicate will not incur any liability for any such payment.

12. The miller undertakes to deliver the sugar to which the planter is entitled at the Bulk Sugar Terminal in Port Louis or at such other place as the Authority may determine.

*13. The planter opts to receive the whole amount of molasses to which he is entitled in cash or in kind.

14. The planter shall be authorised to take delivery of the scums to which he is entitled within 15 days of the delivery of the canes to the miller, but the planter shall not be compelled to remove the scums before the amount to be removed represents either a full cart load or a full lorry load depending on the means of transport used. However, if the miller requests, in writing, the planter to take delivery of a full cart load or a full lorry load of the scums and the planter fails to do so within 30 days of the date on which he received the notice, the miller may dispose of the scums by sale or otherwise for the account of the planter. In the event of any dispute arising in respect of the price obtained for the sale of the scums, the parties agree to refer the matter to the Control and Arbitration Committee for adjudication.

15. If the miller has made money advances to the planter, he shall be entitled to deduct the amount advanced from any moneys accruing to the planter, together with interest at ............... per cent per annum on the amount advanced.

16. Subject to paragraph 15, if the miller receives any amount of money for the account of the planter, he shall pay over that amount to the planter within 15 days of the receipt thereof.

17. In this agreement –

"Authority" has the same meaning as in the Mauritius Cane Industry Authority Act;

"Control and Arbitration Committee" has the same meaning as in the Mauritius Cane Industry Authority Act;

"extraneous matter" has the same meaning as in the Mauritius Cane Industry Authority (Weighbridge Control) Regulations 2012.

Made in 3 originals at ............... this .......... day of ..... 20...

.........................................................................................................
PlanterMiller

*Delete or amend as appropriate.

_______________

SECOND SCHEDULE

[Regulation 3(1)(b)]

FORM OF CANE CONTRACT BETWEEN A PLANTER AND A MIDDLEMAN

Agreement between ........................................................................................... residing at ..........................................................................................................................................(hereinafter referred to as "the planter")

And

.......................................................................................................................................represented by .............................................................................................................. duly authorised to sign this agreement (hereinafter referred to as "the middleman").

It is agreed as follows –

1. The planter who is registered with the Sugar Insurance Fund Board under number ............... undertakes to deliver to the middleman, and the middleman shall ensure that canes shall be milled by .................... (hereinafter referred to as "the miller") during the crop year/s .......... the canes which the planter will cultivate on one or ............... portion/s of land of an aggregate area of ........................................... situate at ................................... and yielding approximately ........................................ tonnes of canes per crop year.

2. The canes which shall be of a quality which complies with such standards, including the maximum allowable percentage of extraneous matter, as may be specified in the Mauritius Cane Industry Authority (Weighbridge Control) Regulations 2012, shall be delivered at ................................... and shall be weighed at the expense of the miller pursuant to a cane contract which the middleman and the miller are bound to enter into under the Mauritius Cane Industry Authority Act. The parties or any person authorised by them shall be entitled to be present at the time the canes are weighed. The miller shall, pursuant to the cane contract which he is required to enter into with the middleman, issue or cause to be issued in respect of any consignment of canes which is weighed, a receipt in such form as the Control and Arbitration Committee may approve, and the weight recorded on the receipt shall be binding unless at the time of the issue of the receipt, objection is taken as to the weight recorded. In the event any objection which is taken is not settled, it shall be referred to the Control and Arbitration Committee for adjudication.

3. If the loading and transport of the canes are undertaken by the miller, the planter undertakes to pay to the miller the cost of the loading and transport of the canes at such rate as may be determined by the Control and Arbitration Committee in accordance with the Mauritius Cane Industry Authority Act.

4. The date, time and rate of delivery of the canes by the planter to the middleman shall be determined with the agreement of the miller and that any dispute shall be referred to the Control and Arbitration Committee for adjudication.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.