386

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEL\ 3(ii)]

MINISTRY OF STEEL AND MINKS

(Department of Minos)

ORDER

New Delhi, the 27th March. 1981

S.O. 229(E).—fn exercise of the powns conferred bv sec-

tion 3 of the Essential

CommodiiiL's Act,

1955

10 of

1955), the Central Government hereby makes the follow-

ing order further to amend the Aluminum (Control) Order,

1970, namely:—

1.—(1) This order may be called the Aluminum (Con-

trol) Amendment Order, 1981.

(2) It shall come into force on the date of its publica-

tion in the Official Gazette.

2.—in the Aluminum (Control) Order, 1970—

(1) in clause 2.—

(1) at the end of sub-clause (c), the following words shall

be added, namely;—

"or a person acquiring aluminium for manufacture";

(ii) the existing sub-clauses (cc), (ccc) and (cccc) shall

be re-numbcred as sub-clauses (ccc),

(cccc)

and (ccccc)

thereof respectively, and before sub-clause (ccc) as so re-

numbered, the following new

sub-clause shall be inserted,

namely:—

"(cc) 'Expenses for administration' means the expenses

estimated to be incurred by tbe Controller in dis-

charge of his functions under this Order.";

(iil) in sub-clause (f), after the words, "inclusive of _ dea-

ler's commission'', the

words, "expenses

for

administra-

tion" shall be inserted.

(2) In clause 4,—

(i) in sub-clause (1), after the word*. The Central Gov-

ernment or the Controller may,

having regard to",

the

words, "all relevant factors including", shall be added:

(ii) in the second proviso to sub-clause (1). after

the

words, "provided further that only one price shall

be fixed

for indigenous aluminium of the same ••ntcificatlnns", the

words, "required to be supplied by a producer under clause

4C", shall be added.

(3) in clause 4A, in the second proviso, after the words,

"fti^igenoiis

aluminium

ihe sams

"neciacanon . ihe

words "required to be supplied bv a producer under clause

4C" shall be added.

387

(4) In clause 4B,~

(i) in sub-clause (1), the

following pioviso

shall be

Inserted:—

"Provided that the expenses for administration may be

included in the tale pness of indigenous and im-

ported aluminium determined by such pooling;

Provided further that if In the

opinion of the Central

Government an increase in the cost of

production of a

producer is imminent, or is likely to be brought about as

a result of a decision of a Court and the additional cost

to be incuued by him not having been considered in fixa-

tion of his retention price, his to he iii-imbuised lo him.

the sale prices of indigenous and imported aluminium may

be enhanced suitably for the purpose";

(ii) the existing sub-clauses (5), (6) and (7) shall

re-numbered as sub-clauics (7), (8) and (9) thereof res-

pectively, and before sub-clause (7) as so re-numbered, the

following now sub-clauses shall be inserted, namely:—

"(5) The expenses for administration, if any, may be

subject to such limits as may be laid down by the Central

Government and sball be paid from the money standing to

the credit of the Aluminium Regulation Account.

(6) Where the sale prices of indigenous and imported

aluminium have been enhanced with a view to re-imburMng

a pioducer for an imminent increase in his cost of produc-

tion

for an

increase

his

cost

production

likely to

be brought about as a result of a

decision of

a Court, the Central Government may direct payment of

such sums of money as may be determined

by it to tbe

producer from the Aluminium Regulation Account by way

of reimbursement of additional cost incurred by the pro-

ducer in this behalf".;

(iij) in sub-clause (8)

ns so re-numbcri'ii,

f<T the Lst

sentence the following shall be sub-stituted, namely:—

"The effect of the difference. If

any, between

these

estimates and tbe

actuals shall be

taken

Into

account by the Central Government at the time

of pooling of the prices foi the subsequent period."

(5) after clause 5A, the following

new clause shall be

inserted, namely:—

"5B. Any person acquiring aluminium from a produ-

cer, manufacturer, dealer or importing agent 'hall

not use such aluminium otherwise than in accord-

ance with any general or specific orders as may

be issued from time to time by tbe Controller or

such other officer as the Central Government may

by order made from time to time, authorise

this behalf."

(6) hi clause 8, in paragraphs (a), (b)

and (c), after

the words, "importing agent" and "or other

transaction".

wherever they occur, tbe words, "or any person acquiring

aluminium

for manufacture" and "or utilisation" shall res-

pectively be added.

(7) in clause 9,—

(i) hi sub-clause (1),

(a) hi paragraph (a),

in sub-paragraph U),

after

tbe

words, "import" and

"importing agent",

wherever

they

occur the words, "or utilisation¹' and "'or any person acquir-

ing aluminium for manufacture" shall respectively be in-

serted.

(b) in paragraph (a),

in sub-paiagranh (ij),

after

the

word, "transaction" the

words, "or

utilisation" shall

added.

sub-paragraph (iii), after the

words, "importing agent", the words "or any person acquir-

ing aluminium for manufacture", shall be added;

(ii) in paragiaph fb), in

sub-pa raRraph

(i),

after the

words, "produced, manufactured or

sold or stored,"

tbe

woids "or used for manufacture" shall be inserted.

(d) the existing clause 11

shall bo

re-numte^ed

clause 12, and before clause 12 as so

re-numbered,

the

following new clause shall be inserted namely;—

"11, Power to debar any person from receiving aluminium

The Controller may, by order, for reasons to be record-

ed in writing, debar any person for any period not exceed-

ing five yeara, from receiving aluminium from any producer

manufacutrer or dealer or importing agent—

(a) if the aforesaid person uses aluminium otherwise than

in accordance with any general or specific

orders issued

under Clause 5B; or,

(b) if he violates any condition laid down

under any

clause of this order or any direction issued thereunder:

Provided that before, any such order is made, the per-

son

concerned shall

given

reasonable

opportunity of being heard."

t^F.^{No. 5(ll)/80-Met.I)}

H. GHOSH. Director

PRINTED BY THE MANAGER, OOVT. OF INDIA PRESS, RING ROAD, NBW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1981