REGISTERED No. D. 221 रजिस्ट्री सं ० डी० 221
भारत का राजपत्र The Gazette of India
असाधारण
:
EXTRAORDINARY
भाग II-खण्ड-1
PART II- Section 1
प्राधिकार से प्रकाशिम
PUBLISHED BY AUTHORITY
नई दिल्ली शनिवार, अक्टूबर 21, 1967 / प्राश्विना 29 , 1889
सं० 35]
No. 35 ) NEW DELHI , SATURDAY , OCTOBER 21 , 1967 / ASVINA 29 , 1889
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF LAW
(Legislative Department )
New Delhi , the 21st October , 1967 / Asvina 29 , 1889 ( Saka )
THE ESSENTIAL COMMODITIES (SECOND AMENDMENT) ORDINANCE , 1967
No. 8 OF 1967
Promulgated by the President in the Eighteenth Year of the Republic of India .
An Ordinance further to amend the Essential Commodities
Act, 1955.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action ;
NOW, THEREFORE , in exercise of the powers conferred by clause ( 1 ) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :-
329 [ PART II THE GAZETTE OF INDIA EXTRAORDINARY
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1. ( 1 ) This Ordinance may be called the Essential Commodities ( Second Amendment ) Ordinance , 1967.
Short title and com- mencement .
(2 ) It shall come into force at once .
Act 10 of 1955 to be temporarily amended .
2. During the period of operation of this Ordinance , the Essential Commodities Act , 1955 ( hereinafter referred to as the principal Act ) , shall have effect subject to the amendments specified in sections 3, 4 and 5.
Amendment of section 2 .
3. In section 2 of the principal Act , after clause ( d ) , the following clause shall be inserted , namely : -
' ( e) " sugar" means-
( i ) any form of sugar containing more than ninety per cent. of sucrose, including sugar candy;
(ii ) khandsari sugar or bura sugar or crushed sugar or any sugar in crystalline or powdered form; or
( iii ) sugar in process in vacuum pan sugar factory or raw sugar produced therein . ' .
Amendment of section 3 .
4. In section 3 of the principal Act , after sub - section ( 3B ) , the following sub- section shall be inserted , namely: ---
' (3C) Where any producer is required by an order made with reference to clause ( f ) of sub - section ( 2 ) to sell any kind of sugar ( whether to the Central Government or a State Govern- ment or to an officer or agent of such Government or to any other person or class of persons ) and either no notification in respect of such sugar has been issued under sub - section (3A ) or any such notification , having been issued , has ceased to remain in force by efflux of time , then , notwithstanding anything con- tained in sub-section (3 ) , there shall be paid to that producer an amount therefor which shall be calculated with reference to such price of sugar as the Central Government may , by order , determine , having regard to-
(a) the minimum price fixed for sugarcane by the Cen- tral Government under this section ;
(b) the manufacturing cost of sugar;
(c) the duty or tax , if any, paid or payable thereon ; and
(d) the securing of a reasonable return on the capital employed in the business of manufacturing sugar , THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 1 ]
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and different prices may be determined , from time to time , for different areas or for different factories or for different kinds of sugar .
Explanation . For the purposes of this sub - section , " pro- ducer" means a person carrying on the business of manufacturing sugar .'.
of section 60 Amendment 5. In section 6C of the principal Act , in sub - section (2 ) , for the words , brackets , figures and letter " and such price shall be determined in the case of foodgrains , edible oil seeds or edible oils in accordance with the provisions of sub- section ( 3B ) of section 3 and in the case of any other essential commodity in accordance with the provisions of sub - section ( 3 ) of that section . " , the following shall be substituted, namely : -
"and such price shall be determined-
(i) in the case of foodgrains , edible oil seeds or edible oils , in accordance with the provisions of sub - section ( 3B ) of section 3 ;
( ii ) in the case of sugar , in accordance with the provi- sions of sub - section ( 3C) of section 3 ; and
( iii ) in the case of any other essential commodity , in accordance with the provisions of sub - section ( 3 ) of section 3. " .
ZAKIR HUSAIN ,
President .
V. N. BHATΙΑ , Secy . to the Govt . of India .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS, MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS ,
DELHI , 1967 ,