Law:

Section:

Sugar Factories Control Act (XXII of 1950)-------S. 16(v) [as added by Sugar factories Control (Sindh Amendment) Ordinance (11 of 1,985)]---Notification No.8(142) SO(Ext)89--­Constitution of Pakistan (1973), Ans.199, 2A, 3, 4. 18, 25, 38 & 227--­Constitutional petition---Payment of "quality premium" to the growers in the Province of Sindh under S. 16(v) of the Act ---Vires of S.16(v), Sugar Factories Control Act, 1950 [as amended in Sindh]---Contentions of the Mill Owners were that although the Sindh (Amendment) Ordinance, 1985 . by virtue of which the payment of "quality premium to the growers" was made leviable, had expired by efflux, of time and thereafter there had been no Legislation authorizing the Provincial Government of Sindh to collect "quality premiums or to direct Sugar .Mills for payment of the same to the growers but they were being compelled to pay the same withbut lawful authority; that the delegation of authority to the Provincial Government in S.16(v) of the Act suffered from excessive delegation and was arbitrary because no guidelines were specified; that Provincial Government was intending to issue fresh notifications containing directions for payment of similar "quality premium" to the growers; that similar provision in the Punjab Province had been struck down by the High Court in the case of Fauji Sugar Mills v. Province of the Punjab 1996 CLC 592 and thus no "quality premium" was levied in the Province of Punjab and the insistence of Provincial Government of Sindh on the payment of such levy by the Sugar Mills in Sindh was discriminatory, un-Islamic and thus violative of Arts.2A, 3, 4, 18, 25, 38 & 227 of the Constitution of Pakistan for Sugar Mills in the Province of Punjab stood on better footing than the ones in the Province of Sindh--­Validity---Provincial Government was empowered to fix the minimum price of the sugarcane under S. 16(i) of the Act either generally or related to the sugar contents of the cane---Provision of S. 16(v) of the Act specifically empowered the Provincial Government to direct the Sugar Mills to pay "quality premium" at the end of crushing season at such rate 'as may be prescribed by the Provincial…

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