REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 104]

NEW DELHI, FRIDAY, MARCH 20, 1970/PHALGUNA 29, 1891

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF PETROLEUM, CHEMICALS, MINES AND METALS

(Department of Mines ft Metals)

ORDERS

New Delhi, the 20th March 1970

S.O 1103.—In exercise of the powers conferred by section 3 of the Essential

Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the

following order, namely:—

1. Short title, extent and commencement.—(1) This order may be called The

Aluminium (Control) Order, 1970.

(2) It extends to the whole of India, except the State of Jammu and Kashmir.

(3) It shall come into force at once.

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

(a) "aluminium" means aluminium in any of the forms specified in the

Schedule and includes manufactures and semi-manufactures thereof;

(b) "Controller" means a person appointed by the Central Government to

be the Controller of Aluminium for the purposes of this order;

selling aluminium metal and manufactures and semi-manufactures

of aluminium metal, whether or not in conjunction with other busi-

ness and includes a producer or manufacturer thereof;

(d) "manufacturer" means any person licensed or registered under

the

Industries (Development and Regulation) Act, 1951 (65 of 1951) who

manufactures aluminium;

(e) "producer" means any person licensed or registered under the Indus-

tries (Development and Regulation) Act. 1951 (65 of 1951) who pro-

duces aluminium from bauxite or alumina;

(419 )

42o

THE GAZETTE OF INDIA EXTRAORDINARY

[PAST l i -

ft)

sale price" means the ex-factory price payable to a manufacturer

or producer or dealer as consideration

for the sale of aluminium

inclusive of

dealer's

ciimmissiun, but

exclusive of excise duties

Central Sales Tax or local taxes, if any, and also exclusive of trans-

portation charges o? insurance charges, if any;

(fi) "Schedule" means the Schedule appended to this order.

3. Control of sale price.—No producer or manufacturer or dealer or any other

person shall sell or agree to sell or otherwise dispose of aluminium at a sale price

exceeding the sale price to be fixed in pursuance of clause 4.

4 Fixation of sale price.—The Csntral Government or the Controller may

having regard to the estimated cost of production of aluminium produced or

manufactured in India, fix

from time to time, toy notification in the? Official

Gazette, the sale price of aluminium so produced or manufactured, and different

sale prices may be fixed in respect of aluminium of different sizes or specifica-

tions produced or manufactured in India or in respect of aluminium produced

or manufactured in different areas or different factories in India.

5. Power to regulate sale of aluminium.—The Central Government may, by

notification in the Official Gazette, direct that the producers or manufacturers or

dealers shall sell aluminium unly to such person or persons or companies as may

be specified by the Controller or such other officer as may be authorised by the

Central Government in this behalf.

6. Price list to be displayed at tho place of

business.—Every producer or

manufacturer or dealer shall display at a conspicuous jrart of the premises, where

he carries on his business in aluminium, a list of sale prices of the various items

kept for pale, in such a manner as to be easily accessible for consultation by any

customer, visiting the premises.

7. Producer, manufacturer

or dealer

not to

withhold sale.—No producer,

manufacturer or dealer shall withhold from

sale aluminium produced or manu-

factured in India and ordinarily kept for sale.

8. Powers to give directions and rail for information.—The Controller, or such

officer of the Central Government or of the State Government as may be autho-

rised by the Central Government In this behalf may, by order,—

(a) direct any producer or

manufacturer or

dealer to

maintain such

records relating to the production or manufacture or purchase or sale

or other transaction, as the case may be, of aluminium, as the Con-

troller or the officer authorised in this behalf may specify in the

order;

(b) specify the manner in which a producer, manufacturer or dealer shall

keep accounts of any production, manufactures, purchase, sale or

other transaction, as the case may be, in aluminium;

period or at such intervals, such

information, returns or reports

relating to the production, manufacture, purchase or sale or other

transaction, as the case may be, of aluminium in such forms a? may

be specified in the order.

9 Powers of inspection, entry and search.—The Controller, or such officer of

the Central Government or of the State Government, as may be authorised by

the Central Government in this behalf, may,—

fa) inspect or authorise any person to inspect—

(i) any books, accounts or records relating to the production or manu-

facture of aluminium and belonging to or under the control of a

producer or manufacturer,

(ii) any books, accounts or records relating to the purchase, sale or other

transaction in aluminium and belonging to or under the control of

a dsaler,

(iii) any stocks of aluminium belontflnK to or under the control of nny

producer, manufacturer or dealer;

fb) enter or search or authorise any person to enter or search any pre-

mises where aluminium '"s produced, manufactured or sold or where

th" Controller or the officer authorised in this behalf has reason to

believe that a contravention of this ord»r in respect of the aluminium

has been is beins nr is about to be committed.

SEC. 3(ii)]

THE GAZETTE OF INDIA EXTRAORDINARY

4 ^{2 i}

10. Compliance ot orders.—Every producer, manufacturer or dealer or any

other person, to whom any order nr direction is Issued under any powers con-

i'erred by or under this order shall comply with such order or direction,

11. Appeal.—Any producer, manufacturer or

dealer

or any

other person

aggrieved by any order or direction isiued under this order, may, within 30

clayr trim !he date of receipt of a copy of such order or direction, prefer an

appeal to the Central Government and thereupon the Central Government may

confirm, reverse or modify such o.-der or direction.

SCHEDULE

(See Clause 2)

1. Aluminium unwrought in any form, including ingots, bars, blocks, slabs.

billets and shots,

2. Aluminium wrought, including plates, sheets,

corrugated sheets, circles,

strips, popes, tubes, extruded shapes and sections, rods and foils.

[No, F. 5f28)Met/70(l).l

8.0. 1104.—In pursuance of clause 4 of the Aluminium (Cortrol¹* Order, 1970

the Central Government hereby fixes the sale prices of aluminium of the different

producers, manufacturers or dealers at the ex-fa:ctory pricrs of the different

items of the said producers, manufacturers cr dealers prevailing on the

28th

Felruary, 1970.

[No. F. 5f28)Met/70(ii).l

T. N. LAKSHMINARAYANAN. Jt. Secy.

fWINl'ED BY THE GENFRA1. M :tlAL'.:J.. GOVERNUUi" I - F INDIA PRESS, MIN1O ROAD,

NEW

DELHI AND PUBLISHED HY THE MANAGER OF PUBLICATIONS. DELHI, 1970