2003 PLP 1868 (CLC)
HASSEB WAQAS SUGAR MILLS — Petitioner Versus SECRETARY FOOD — Respondent
| Citation | 2003 PLP 1868 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | HASSEB WAQAS SUGAR MILLS — Petitioner Versus SECRETARY FOOD — Respondent |
Q1: What are the key laws and sections cited in 2003 PLP 1868 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1868 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1868 (CLC) (HASSEB WAQAS SUGAR MILLS — Petitioner Versus SECRETARY FOOD — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Ibrahim Khalil for Petitioner.
- Zahid Aslam Khan, Asstt. A.-G. for Respondent.
Headnotes / Summary
Art. 199
Constitutional petition
Default in payment of sugar cess
Authority had framed a policy setting out objective criteria on basis of which penalty could be imposed on sugar mills defaulting in payment of sugar cess
Said policy had been sent to the Government for approval
Authority contended that pending approval by Government, Sugar Mills could be dealt with in accordance with terms of the said policy--Validity
High Court directed that pending approval by Government, all Sugar Mills in Punjab would be dealt with in accordance with terms of said policy and in order to ensure transparency, in all cases where Cane Commissioner relaxed any provision of policy in exercise of his powers his decision would be communicated to all Sugar Mills and to all industry-wise associations of Sugar Mills in Pakistan.
Judgment & Decree
(h) The re-scheduling decisions will be made on case to case basis in accordance with the parameters set out by the Ministerial Committee. (i) In addition, the following formula may be kept in view:-- Sr. No. Period in default %age imposition of penalty.
1. Default between 3 months to 6 months (after close of season) 15 to 25 %
2. Default between 6 months to one year 26 to 50 %
3. Default beyond 12 months 51 to 100 % (j) The aforesaid policy provisions can be relaxed by the Cane Commissioner, Punjab, in special circumstances, reasons whereof shall be recorded in writing."
2. In view of the policy framed above and the statement of the learned Law Officer it is ordered that pending approval by the Government all sugar mills in the Punjab shall be dealt with in accordance with the terms of the policy as reproduced in paragraph 1 of this order. It is further ordered that in order to ensure transparency, in all cases where the Cane Commissioner relaxes any provision of the policy in exercise of powers referred to in Clause (j) of paragraph 1 above his decision shall be communicated to the sugar mills in Punjab and to any industry-wise association of sugar mills in Pakistan.
3. In view of the foregoing directions this petition having borne fruit is disposed of. H.B.T./H-159/L?????????????????????????????????????????????????????????????????????????????????? Order accordingly.