(1) There shall be established for the reserved area of a factory a Cane Development Council (hereinafter called the Council) which shall be body corporate by the name of such area or such other name as may be prescribed, having perpetual succession, and subject to such restrictions or qualifications as may be imposed and subject to such restrictions or qualifications as may be imposed under this Act or any other enactment, vested with the capacity of suing and being sued in its corporate name, of acquiring, holding, administering and transferring property both movable and immovable, and of entering into contracts : Provided that where the Cane Commissioner so directs the Council may be established for a larger or smaller area than the reserved area of a factory. (2) The area for which a Development Council is established shall be called a zone. 1[(3) The Council shall consist of the following, namely:- (i) two representatives of the sugar factory concerned, to be nominated by the occupier; 2[(ii) seven representatives of the Cane-grower's Co-operative Societies functioning in the reserved area, to be elected by the members of the Committees of Management of such societies from amongst the members of such societies; Provided that out of seven representatives one representative shall be from the persons belonging to the Scheduled Castes or the Scheduled Tribes and one from the persons belonging to the Other Backward Classes and one representative shall be a woman.] (iii) one representative of the licensed power driven khandsari manufacturing units in the reserved area, to be elected by their owners; (iv) the District Cane Officer; (v) the Sugarcane Protection Inspector; 3[(vi) the Seed Production Officer;] (vii) the Senior Cane Development Inspector, who shall be ex officio Member-Secretary. (3-A) The members of the Council shall elect 4[from among the five representatives] referred to in clause (ii) of sub-section (3) a person to be the Chairman of such Council;] 5[(4) The term of council shall be co-terminus with the term of Cane Co-operative Society and upon its expiry the council shall be re-constituted in accordance with the provisions of sub-section (3).] (5) Where a Council is dissolved the following consequences shall follow: (a) 6[the Chairman and all members but not the Secretary] shall on a date to be specified in the order vacate their offices but without prejudice to their eligibility for appointment or nomination as member: (b) the Council shall be reconstituted by the Cane Commissioner in accordance with the provisions of sub- section (3): and (c) the duties, power and functions of the Council shall, pending its reconstitution, be discharged, exercised and performed by the 7[Secretary] for such period and subject to restrictions as may be specified in the order.
1 Added by Section 2(a) of U.P. Act no. X of 1976 with effect from 17.04.1976 2 Substituted by Section 2(a) of U.P. Act no. XXII of 2008 with effect from 29.08.2008 3 Substituted by Section 2(1)(b) of U.P. Act no. XXX of 1979 with effect from 14.09.1979 4 Substituted by Section 2(1) of U.P. Act no. XXX of 1979 with effect from 14.09.1979 5 Substituted by Section 2(b) of U.P. Act no. XXII of 2008 with effect from 29.08.2008 6 Substituted by Section 4(b)(i) of U.P. Act no. VII of 1974 with effect from 21.12.1973 7 Inserted by Section 4(b)(ii) of U.P. Act no. VII of 1974 with effect from 21.12.1973