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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 584] NEW DELHI, TUESDAY, DECEMBER 36, 1967/PAUSA 5, 1889

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF INDUSTRIAL DEVELOPMENT & COMPANY AFFAIRS

(Department of Industrial Development)

ORDER

New Delhi, the 23rd December 1967

S.O- 4590—IDRA/18G/67.—Whereat; it appears to the Central Government thai for the purpose of securing the equitable distribution and availability at fail prices of cement, the supply and distribution of, and trade and commerce in, cement should be regulated;

Now, therefore, in exercise of the powers conferred by section 18G and section 25 of the Industries (Development and Regulation) Act, 1951 (65 of 1951), and all other powers enabling it in that behalf, the Central Government hereby makes the following Order, namely:—

1. Short title, extent and commencement.—(1) This Order may be called the Cement Control Order, 1967,

(2) It extends to the whole of India. (3) It shall come into force on the 1st day of January, 1968.

2. Definitions.—In this Order, unless the context otherwise requires,—

(a) "cement" means any variety of cement manufactured in India, and includes Portland pozzalana cement, oil. well cement, waterproof (Hydrophobic) cement, blast furnace slag cement, rapid hardening cement and low heat cement, but does not include white and coloured cement (other than grey Portland cement);

(b) "Controller" means the Cement Corporation of India Limited; (c) "producer" means any person who manufactures cement.

(1883)

3. Power to prohibit removal.—No producer shall remove or permit the removal of any cement, whether sold or unsold, from the precincts of his factory or from any other part of his premises to any place outside the precincts of such factory or premises except with the previous permission in writing of the Central Govern- ment.

4. Power to direct sale or_ transport.—The Central Government may, by order, require any producer to sell cement to such person or class of persons or to trans- port cement to such destinations by such modes of transport, and on such terms and conditions, as may be specified in the Order.

5. Power to direct disposal of stock.—The Central Government may, with a view to securing proper distribution of cement, issue such orders, general or special, as may be necessary, to any producer as to the disposal of his stock.

6. Maintenance and production of accounts, etc.—(1) Every producer shall keep such books, accounts and records, relating to the production, sale and transport of cements as the Central Government may require.

(2) Every producer and every person employed by him in connection with the production, sale and transport of cement shall, on being required so to do by the ^ n t r al Government, and within such period as may be allowed in this behalf—

(a) produce such books, accounts, records or other documents, and (b) furnish such returns and other information relating to the business,

as may be specified by the Central Government.

7. Retention prices,—The ex-factory prices admissible to the producer for the different varieties of cement shall be as specified in the Schedule.

8. Price at which producer may sell.—No producer shall, himself or by any person on his behalf, sell—

(a) rapid hardening cement and low heat cement at a price exceeding

Ra. 148-53 per metric tonne,

(b) any other variety of cement at a price exceeding Rs. 125-53 per metric tonne,

free on rail destination railway station plus the excise duty paid thereon:

Provided that in the case of packed cement, there shall be added to the price referred to in this clause such charges as may be fixed by the Central Government In respect of packing or the containers and the Central Government may fix different charges for different kinds of packing or containers, as the case may be:

Provided further that the Central Government may allow rebate, discount or commission in the price of cement sold to the Government through the Directorate General of Supplies and Disposals or intended for export out of India.

Explanation.—For the purposes of this Order, the expression "free on rail destination railway station" means the price (including the cost of transport by the cheapest mode except where any other mode of transport has been specified by the Central Government under clause 4) at the destination point.

9. Payments to Cement Regulation Account.—(1) Every producer shall, In respect of each transaction by way of sale of cement effected by him, pay within one month of the date on which he realises the price of such cement, to the Controller, an amount equivalent to the amount, if any, by which the free on rail destination price of such cement realised by him exceeds the aggregate of the following amounts, namely:—

(1) the ex-factory price of such cement calculated in accordance with the rates specified in the Schedule;

(iij a selling agency commission calculated at the rate of Rs. 125 per metric tonne;

(iii) the excise duty paid thereon; and

(iv) in the case of packed cement, the charges fixed by the Central Govern- ment in respect of the packing or the containers under the first proviso to clause 8:

Provided that the expenditure incurred by the producer on freight by the cheapest mode of transport or where any other mode of transport has been specified by the Central Government under clause 4, by such

mode of transport in respect of such transaction shall be reimbursed to the producer by the Controller from out of the Cement Regulation Account referred to in clause 11.

10. Wholesale and retail prices.—(1) The maximum price at which ctfnient may be sold by a dealer (whether wholesale or retail) shall be such as may be fixed by the State Government and no dealer (whether wholesale or retail) shall sell cement exceeding such maximum Price-

(2) In fixing the maximum price under sub-clause (1), the State Government shall have due regard to—

(i) the price fixed under clause 8; (ii) handling (including charges in respect of packing or containers) and transporting charges;

(ili) godown charges; (iv) stockist's commission; (v) local taxes, if any.

11. Cement Regulation Account.—(1) The Controller shall maintain an account to be known as the Cement Regulation Account to which shall be credited the amounts paid by the producer under clause 9 and such other sums of money as the Central Government may, after due appropriation made by Parliament by law In this behalf, be granted by the Central Government.

(2) The amount credited under sub-clause (1) shall be spent only for the following purposes, namely:—

(i) paying or equalising the expenditure incurred by the producer on freight

in accordance with the provisions of this Order;

(ii) equalising concession, if any, granted in the matter of price for supplies to Government or for purposes of export under the second proviso to clause 8;

(iii) expenses incurred by the Controller in discharging the functions under this Order subject to such limits, if any, as may be laid down by the Central Government in this behalf.

(3) The Controller shall cause accounts to be kept of all moneys received and expended by him from out of the Cement Regulation Account and he shall pre- pare and submit such report and returns relating to the said Account as may be required by the Central Government, from time to time.

(4) The balance, if any, remaining unspent In the Cement Regulation Account shall be disbursed in accordance with such directions as may be given by the Central Government in this behalf.

12. Power to vary the prices and to alter the Schedule.—The Central Govern- ment may, having regard to any change in any of the factors relevant for the determination of price of cement, such as an increase or decrease in the cost of production or distribution, by notification in the Official Gazette, vary the price fixed in this Order or alter the Schedule to this Order as appear to it to be neces- sary.

13. Delegation.—All powers exercisable by the Central Government under this Order except under clauses 8, 11(2) and 12 shall also be exercisable by the Con- troller.

14. Procedure regarding claims by producers.—Every producer shall make an application regarding his claim for any reimbursement towards equalising freight or equalising concession in the matter of export price to the Controller who may, in settling the claim, require the producer to furnish all details relating thereto, including the cost of freight incurred, excise duty, if any, paid, etc.

THE SCHEDULE

(Set Clause 7)

Name of producer

Price per merric tonne

(Rs.)

Ex-ivorfo price.

1. M/s. Dalmia Cenvmt (Bharat) Ltd., Dalmie- 9°-5O

puram.

Name of Producer

Price per metric tonne

2. M/s. Andhra Cement Co. Ltd., Vijayawiula . 3. M/B. Orlssa Cement Ltd., Rajgangpur . 4. M/c. K.C.P. Ltd., Macherla

yo 50 90-50 90-50 Upto an annual production 0

r 15,000 tonnes. f

96-00 For every tonne beyond 115,000

tonnes per annum.

5. M/B. Rohtas Industries Ltd., Dalmianagar

6. M/a. Mysore Iron& Steel Works Ltd., Bhadra-

yc so 90-5O

vati.

7. M/s. Associated Cement Companies Ltd.,

New Porbandar Works . . .. Jamul Works Dwarka Works

96-00 96- 00 90-50 uplo an annual production of

245,000 tonnes.

9600 For every tonne beyond 245,000

tonnes per annum.

Other Works

8. U.P. Government Cement Factory, Churk

90- 50 90-50 Upto an annual production of

220,000 tonnes.

96-00 For every tonm beyond 320,000

tonnes per annum.

9, M/s. Dalmia Dadri Cement Ltd., Dulmia 90-50

Dadri.

;o. M / B. Bagalkot Cement Co. Ltd., Bagalkot . J

1 1. M/s. Ashoka Cement Ltd., Dalmitmagar

I 2. M/s. Jaipur Udyog Ltd., Sawaimadlwpur

90-50 90 '50 90-50

3. M/s. India Cements Ltd.,

I

Talaiyuthu Works . . . .. Sankaridrug Works . . . ..

4. M/s. Bitla Jute Manufacturing Co, Ltd.,

93-50 96-00 93-50

I

Upto an annual production of Satna.

225,000 tonnes.

96 • 00 For every tonrc beyond 225,000

tonnes per annum.

5, M/s. Bitla Jute Manufacturing Co. Ltd.,

1;

Q6-00

Chittorgarh,

5. M/s. Shrec Digvijay Cement Co. U d ,,

Sikka Works

93 50 Upto an annual production of

260,000 tonnes.

96-00 For every tonne beyond 260,000 tonnes per annum provided that the combined production ofthe Sikkaand Sewrce Works is not less than 410,000 tonnes in that year.

Sewrec Works . . . ..

129 7 3* *Kxclusive of actual wharfage charges paid at Sikka nn clin- ker.

, M/s. Kalyanpur Lime & Ccmeut Works Lid., 93 50 1

Upto an annual production of n-

Banjari.

150,000 tonnes.

96-00

For every tonne beyond 150,000

tonnes per annum.

18.

93-50

19-

96-00

2 0,

96-00

M/s. Sone Valley Portland Cement Co, Ltd,, Japla. M/s. Panyam Cement & Mineral Industries Ltd., Cement Nagar. M/s. Saurashtra Cement & Chemical Indus- tries Ltd., Rtmavav.

Name of Producer

Price per metric tonne

7.1.

2 2.

2 3.

24.

R E. 96 '00 96'00 96-00 S6'00

113-25

M/s. Madras Cements Ltd., Rajapaluyam M/s. Mysore Cements Ltd., Ammasanjra M/s. Assam Cements Ltd., Cherrapunji M/s. Industrial Developmcnl Corporation of Orissa Ltd., Bargarh. M/B. Travancore Cements Ltd., Kottuyam

*5-

In the caae of" rapid hardening t-tfmstit an I low heat cement, an additional price of Rs, 7 and Rs. 10 per metric tonne may be added to the price specified above.

[No, 1-32/67.Cem.]

K. I. VIDYASAGAR, Jt. Secy.

PTTItfTED IN I N D IA BY T HE QKNEHAL M A N A G E R, C O V K B N M E NT OF I N D IA I ' l i t t S S. N EW DFI.TTT ^NTl PTTT1I TSHttD BY TJTK M A N A f f ln OF PVlTr I f A T T O N S, IJK1III 19f)7