RTI for UP Sugar Mill, UPCANE Cooperative and Sugar Commissioner — Cane Payment, Employee Service and Audit Records

Uttar Pradesh is India's largest sugarcane producer by a wide margin. The state's sugar belt — spanning the Tarai districts of western UP (Muzaffarnagar, Meerut, Saharanpur, Shamli, Hapur, Bijnor, Moradabad) and extending eastward through Gorakhpur and Basti divisions — sustains tens of millions of sugarcane farmers, workers in over 120 operating sugar mills, and the livelihoods of hundreds of thousands of cooperative mill employees. The sector is regulated by the Sugar Industry and Cane Development Department, Government of Uttar Pradesh, with the Sugar Commissioner as the apex regulatory officer for both private and cooperative mills in the state.

Within this ecosystem, the Right to Information Act, 2005 is an essential accountability tool. Cane payment arrears — the chronic gap between the State Agreed Price (SAP) owed to farmers and what mills actually pay — run into thousands of crores in peak seasons. Cooperative mill employees face service matter disputes involving seniority, regularisation, and promotions that are opaque absent formal disclosure. Cooperative audit reports, prepared by the Registrar of Cooperative Societies, contain findings that directly affect member-shareholder interests but are rarely shared proactively.

Both the Office of the Sugar Commissioner, Government of UP and UPCANE (UP Cooperative Cane Development Unions Federation Ltd) are public authorities under Section 2(h) of the RTI Act, 2005, legally obligated to respond to information requests within 30 days of a valid application filed under Section 6. Individual cooperative sugar mills that are owned by cooperatives or receive substantial government financial support are similarly covered. This guide explains who holds which records, what you can obtain, how to file, and how to escalate to the Uttar Pradesh Information Commission (UPIC) if needed.

Why RTI Matters in the UP Sugar Sector

SAP Arrears and Cane Payment Delays

The Sugarcane (Control) Order, 1966 requires mills to pay farmers within 14 days of cane supply. The State Agreed Price (SAP) set by the Government of UP is always higher than the central Fair and Remunerative Price (FRP). In practice, SAP arrears in UP regularly run into thousands of crores, with payment delays stretching over multiple crushing seasons. Farmers in Muzaffarnagar, Meerut, and surrounding western UP districts — where cane cultivation is near-universal — often cannot verify what specific amount is owed to them or track why payment has not arrived.

RTI delivers certified records of mill-wise and village-wise cane purchase quantities, SAP amounts due, and actual payments made. These records — from the Sugar Commissioner's monitoring data or from the cooperative mill's own accounts — provide the exact evidentiary foundation for demanding payment, filing complaints with the Sugar Commissioner, or approaching the National Consumer Disputes Redressal Commission (NCDRC) or the Revenue Recovery authority for enforcement.

Cooperative Mill Governance and Audit

Cooperative sugar mills in UP function under the UP Cooperative Societies Act, 1965 and are subject to statutory audit by the Registrar of Cooperative Societies. Audit reports can reveal financial irregularities in mill procurement, expenditure, and dividend distribution. Member-shareholders — who are typically local cane-growing farmers — have a direct stake in audit findings but often have no access to the audit report without formally filing RTI.

RTI can deliver certified copies of the statutory audit report including all objections, findings, and the management's compliance response, allowing members to hold the board accountable or raise issues at the cooperative's Annual General Body Meeting.

Cooperative Mill Employee Service Matters

Employees of cooperative sugar mills — including managers, accountants, boiler operators, lab technicians, and field staff — are frequently caught in disputes about seniority, regularisation of service, promotion withheld, or transfers without justification. These disputes are governed by the mill's internal service regulations and any applicable government orders. Without access to service records, seniority lists, and DPC proceedings, employees cannot mount an informed challenge.

RTI provides access to service books, seniority lists, DPC meeting minutes, promotion orders, transfer orders, and government circulars from the Sugar Commissioner's office that may bear on the dispute.

Key Public Authorities in the UP Sugar Sector

Office of the Sugar Commissioner, Government of UP

The Sugar Commissioner, UP is the principal regulatory authority for the sugar sector under the Sugar Industry and Cane Development Department. The Sugar Commissioner's office:

• Maintains mill-wise records of sugarcane purchased, SAP due, and SAP paid for each crushing season across all mills (private and cooperative) in UP
• Issues and enforces directions for SAP payment under the Sugarcane (Control) Order, 1966 and state orders
• Maintains records of area allocation (kheta patti) — the zonal assignment of cane growers to specific mills
• Supervises cooperative sugar mill governance and coordinates with the Registrar of Cooperative Societies
• Holds correspondence records with individual mills regarding payment defaults, show-cause notices, and penalty proceedings
• Maintains cane price notifications and crushing season orders

File with the Sugar Commissioner's office for: SAP arrear data by mill and season, enforcement action records against defaulting mills, area allocation policy and orders, and inter-departmental coordination records.

UPCANE (UP Cooperative Cane Development Unions Federation Ltd)

UPCANE is the apex body overseeing the network of Cooperative Cane Development Unions (CCDUs) in UP. It:

• Coordinates cane supply from farmers (through CCDUs) to cooperative mills
• Maintains records of cane development activities, including seed distribution, extension services, and farmer training
• Holds financial records of CCDU operations and government funds channelled through the UPCANE network
• Issues guidance on cane survey, area allocation, and supply scheduling to CCDUs

File with UPCANE for: federation-level financial records, CCDU-wise cane supply data, UPCANE board resolutions, and government grant utilisation.

Individual Cooperative Cane Development Unions (CCDUs) and Cooperative Mills

Each Cooperative Cane Development Union (CCDU) operates at the district level, registering cane growers, conducting area surveys, and managing cane supply to the attached cooperative mill. Each Cooperative Sugar Mill (such as Kisan Sahkari Chini Mills Ltd in various districts) operates under a Board of Directors drawn from farmer-member shareholders.

File with the CCDU or cooperative mill directly for: village-wise area survey and allocation records, individual farmer cane supply registers, mill employee service records, board meeting minutes, dividend payment records, and cooperative audit reports.

Common Issues RTI Can Address in the UP Sugar Sector

1. SAP Payment Arrears by Mill and Season

Ask for the exact amount of sugarcane purchased from your CCDU or village, the total SAP payable, and the amount actually disbursed — broken down by payment date. This establishes the precise arrear amount for your household and forms the basis for a formal payment demand or recovery complaint.

2. Area Allocation (Kheta Patti) Disputes

Cane farmers are allocated to specific mills through the area allocation (kheta patti) system under the UP Cane (Purchase) Control Order. Disputes arise when farmers' allocations are reduced without notice, when they are reallocated to distant mills, or when their cane is rejected at the weighbridge without proper documentation. RTI can secure the survey register, allocation order, and any change or correction made — with the name of the officer who authorised it.

3. Cooperative Mill Audit Reports

Statutory audit reports of cooperative mills are prepared by the Registrar of Cooperative Societies, UP (under the Cooperative Department, not the Sugar Department). If you are a member-shareholder of a cooperative mill and want to know whether audit objections have been raised — about financial irregularities, misuse of cane development funds, or dividend distribution — RTI with the cooperative mill or the Registrar of Cooperative Societies is the direct path to obtaining a certified copy of the audit report.

4. Employee Service Matters — Seniority, Promotion, Transfer, Regularisation

Cooperative mill employees have service conditions governed by the mill's service regulations, any applicable government orders, and the UP Cooperative Societies Act, 1965. RTI can obtain: the current seniority list, the DPC proceedings at which promotions were decided, the specific reason for denial of promotion or regularisation, transfer orders and the stated justification, and government circulars from the Sugar Commissioner or Registrar of Cooperative Societies regarding cadre restructuring or regularisation policy.

5. Dividend to Cooperative Member-Shareholders

When a cooperative mill declares a profit, it is required to distribute dividend to member-shareholders in accordance with the UP Cooperative Societies Act and the mill's bye-laws. RTI can establish: the dividend declared per share for the year, the Board resolution authorising the dividend, the total amount distributed, the date of distribution, and whether any member's dividend was withheld and why.

6. Default Recovery Notices Against Farmers

Instances have been reported where mills or CCDUs issue recovery notices (takazi) against farmers — allegedly for advances taken or for under-supply of cane against committed quantities. RTI can establish the legal authority under which the recovery notice was issued, the amount claimed, and the specific default alleged — enabling the farmer to verify the claim or challenge it before the competent forum.

How to File RTI in the UP Sugar Sector

Step 1: Identify the Correct Authority

For SAP arrear data, mill-wide payment records, enforcement actions against mills, and area allocation policy orders, file with:

The CPIO, Office of the Sugar Commissioner, Sugar Industry and Cane Development Department, Government of Uttar Pradesh, Lucknow.

For CCDU-level cane supply records, federation financial records, and UPCANE governance, file with:

The CPIO, UPCANE, 1 Navchetna Complex, Lucknow – 226001.

For mill-level audit reports, employee service records, dividend payment records, village-wise cane supply registers, and board meeting minutes, file with:

The CPIO, Name of Cooperative Sugar Mill, Mill Address, District.

Step 2: File Online or by Post

RTI applications for UP state government departments can be filed online at https://up.gov.in (navigate to the RTI section for the relevant department). You may also file by post to the CPIO's office, enclosing the ₹10 fee by Indian Postal Order (IPO) drawn in favour of the Accounts Officer of the relevant office. If filing in person, request a dated acknowledgement receipt.

For cooperative mills and UPCANE — which operate as cooperative bodies rather than purely as government departments — physical filing by post or in person at the registered office is the most reliable method. Confirm the current CPIO designation with the office before filing.

Step 3: Quote Specific Identifiers

Every RTI in the sugar sector should include:

• Crushing season (e.g., 2024-25) — not just the financial year
• Mill name and registration number (if known)
• CCDU name and district
• Village name for farmer-specific cane supply queries
• Employee number or designation for service matter queries
• Ganna parchi (cane supply slip) number if seeking individual payment records

Specificity is critical. A request for "all information about SAP arrears" will receive an unhelpful or overly broad response. A request for "mill-wise SAP arrear records for Mill Name for crushing season 2024-25, including total cane purchased from CCDU/Village, total SAP due, and amount paid as of date" compels a targeted, verifiable answer.

Step 4: Pay the Fee

The prescribed fee is ₹10 under the RTI Act, 2005. BPL cardholders are exempt from all fees under Section 7(5) of the Act.

RTI Act Provisions That Apply

• Section 2(h) — The Office of the Sugar Commissioner, UPCANE, Cooperative Cane Development Unions, and individual cooperative sugar mills that receive government financing or operate under a statutory framework are "public authorities" obligated to provide information under the RTI Act.
• Section 6 — You file the RTI application under this section; no reason need be given for seeking the information.
• Section 7(1) — The CPIO must respond within 30 days of receipt of the application.
• Section 7(1) proviso — If the information concerns life or liberty — for instance, where a distressed farmer's inability to recover SAP payment is causing severe subsistence hardship — the CPIO must respond within 48 hours.
• Section 19(1) — First Appeal, filed within 30 days of the date of decision or expiry of the 30-day response period, whichever is applicable.
• Section 19(3) — Second Appeal to the Uttar Pradesh Information Commission (UPIC), within 90 days of the First Appeal order.
• Section 20 — UPIC may impose a penalty of ₹250 per day (maximum ₹25,000) on the CPIO for unjustified delay or non-disclosure, and may recommend disciplinary action.

First Appeal — Section 19(1)

If the CPIO does not respond within 30 days, responds incompletely, or denies information without adequate justification, file a First Appeal under Section 19(1) with the First Appellate Authority (FAA) designated within the relevant office — typically a senior officer in the Sugar Commissioner's office, UPCANE, or the cooperative mill. File within 30 days of the date of decision or expiry of the 30-day response period, whichever is applicable. No fee is required.

Second Appeal to the Uttar Pradesh Information Commission — Section 19(3)

If the First Appeal is unsatisfactory or unresolved, file a Second Appeal with the Uttar Pradesh Information Commission (UPIC) under Section 19(3) of the RTI Act, within 90 days of the FAA's order or the date it should have been made.

Jurisdictional note: The Sugar Commissioner's office, UPCANE, and cooperative mills in UP are all state public authorities under Section 2(h). The correct second appeal body is UPIC, not the Central Information Commission (CIC). CIC has jurisdiction only over Central Government bodies. Filing a Second Appeal with CIC for a UP state sugar sector authority would be outside CIC's jurisdiction.

Under Section 20, UPIC may impose a penalty of ₹250 per day on the CPIO for each day of unjustified non-disclosure or delay — up to a maximum of ₹25,000 — recoverable from the CPIO's personal salary. UPIC may also recommend departmental disciplinary action.

Practical Tips

1. Use the Sugar Commissioner's SAP monitoring data. The Sugar Commissioner's office publishes periodic press releases about mill-wise SAP arrears. Check the UP government's press note data or news reports to identify the approximate arrear figure for your mill and season before filing RTI — and then ask specifically for the underlying records rather than a summary.

2. Distinguish between FRP and SAP in your application. Use the correct term — "SAP (State Agreed Price)" — in your RTI. Using "FRP" may result in a response that addresses only the central minimum price, not the higher UP-specific obligation.

3. For cooperative audit reports, file with the Registrar of Cooperative Societies if the mill does not respond. Statutory audits of cooperative societies are conducted by the Registrar of Cooperative Societies, UP. If the cooperative mill's CPIO deflects your request for the audit report, file directly with the CPIO, Registrar of Cooperative Societies, Government of UP, as the audit authority.

4. For employee service records, cite the relevant service regulation. If you know the mill's service regulation or government order governing promotion and regularisation, cite it by name in your RTI — this signals to the CPIO that you know what records should exist and prevents deflection.

5. Build a paper trail before approaching a court or tribunal. Whether you are a cane farmer pursuing SAP arrears or an employee challenging a service matter, the RTI-obtained records are the most reliable documentary evidence. Courts and labour tribunals have consistently held RTI documents as admissible and give weight to discrepancies between what officials claimed and what RTI disclosed.

6. Claim BPL fee exemption where applicable. Under Section 7(5) of the RTI Act, BPL cardholders are fully exempt from all fees — for the initial application and for all copies of documents provided in response. Attach a self-attested copy of your BPL ration card.