Measure

A grower or miller who is not bound by certain agreements or determinations under specific sections of the law may sell their sugar cane or sugar, either for manufacture or consumption, within the Union or elsewhere. However, during the validity of such agreements or determinations, these millers must:

1. Export Requirement: Within six months after each year, export a proportionate quantity of sugar based on the total sugar they manufactured that year, in line with what millers with assigned quotas have exported.

2. Supply for Rebate: Sell or provide the board with a proportionate quantity of sugar at a rebate price, similar to what millers with quotas offer to manufacturers entitled to a rebate. This sugar must meet the grade required by the manufacturers.

The board must inform millers about estimates related to the quantities of sugar that will be exported, sold at a rebate, or manufactured by those with assigned quotas. The total quantities from the final estimate will be considered the official quantities for these purposes. 

Finally, millers are not exempt from their obligations even if they are unable to acquire the necessary sugar by purchase.

5. (1) Notwithstanding anything contained in any agreement or determination or amendment thereof published under section one or two, any grower or miller upon whom, in terms of sub-section (4) of section one or of sub-section (2) of section two, such agreement, determination or amendment is not binding, may sell, whether for manufacture or consumption, as the case may be, in the Union or elsewhere, any sugar cane or sugar produced or manufactured by him.

(2) During the currency of any such agreement or determination every such miller shall, in respect of each year and not later than six months after the expiry thereof -

(a) export a quantity of sugar which bears, in relation to the total quantity of sugar manufactured by him during that year, the same proportion as the total quantity of sugar exported in terms of such agreement, determination or amendment during that year by millers to whom quotas in respect of the production of sugar have been assigned under such agreement, determination or amendment, bears to the total quantity of sugar manufactured by such millers during that year; and

(b) sell or place at the disposal of the board for sale on his behalf to manufacturers who are entitled to a rebate in price in respect of sugar purchased by them from the millers referred to in paragraph (a) or from refiners, at the same rebate in price as is allowed to such manufacturers by such millers or refiners, a quantity of sugar of a grade required by such manufacturers which bears the same proportion in relation to the total quantity of sugar manufactured by him during that year as the total quantity of sugar sold to such manufacturers at a rebate during that year by such millers and refiners, bears to the total quantity of sugar manufactured by such millers during that year.

(3) Whenever the board receives or makes in respect of any year any estimate in connection with the quantity of sugar which -

(a) will be exported in terms of any such agreement, determination or amendment; or

(b) will be sold at a rebate to manufacturers ref erred to in paragraph (b) of sub-section (2); or

(c) will be manufactured, by millers to whom quotas have been assigned as described in that sub-section, or by refiners, as the case may be, it shall inform every miller referred to in sub-section (1) of the particulars of such estimate.

(4) For the purposes of sub-section (2), the total quantities of sugar which, according to the final estimate made by the board in respect of any year, have during that year been exported, sold or manufactured as described in sub-section (3), shall be deemed to be the total quantities of sugar so exported, sold or manufactured, as the case may be.

(5) No miller shall be relieved of his obligations under sub-section (2) in respect of any sugar by reason of the fact that he is unable to acquire such sugar by purchase.