Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). — THE ESSENTIAL COMMODITIES ACT, 1955

4. Ins. by Act 13 of 1957, s. 2 (w.e.f. 4-6-1957). (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. preceding the date of the notification. (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to (c) where neither clause (a) nor clause (b) applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. preceding the date of the notification. (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] shall not be called in question in any court.] (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the (iv) For the purposes of sub-clause (c) of clause (iii), the average market rate prevailing in the locality shall be determined by an officer authorised by the Central Government in this behalf, with locality shall be determined by an officer authorised by the Central Government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality; and the average market rate so determined shall be final and locality or of a neighbouring locality; and the average market rate so determined shall be final and shall not be called in question in any court.] shall not be called in question in any court.] ' [(3B) Where any person is required, by an order made with reference to clause (f) of sub-section '[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub sub- -s section (3A), or such notification having been issued, has ceased to be in force, there shall be paid section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government may be, specified by the State Government, with the previous approval of the Central Government having regard to― having regard to— 1 [(3B) Where any person is required, by an order made with reference to clause (f) of sub-section '[(3B) Where any person is required, by an order made with reference to clause (f) of sub-section (2), to sell to the Central Government or a State Government or to an officer or agent of such (2), to sell to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by such Government, any grade or variety of Government or to a Corporation owned or controlled by such Government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid sub-section (3A), or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an to the person concerned, notwithstanding anything to the contrary contained in sub-section (3), an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the State Government, with the previous approval of the Central Government may be, specified by the State Government, with the previous approval of the Central Government having regard to― having regard to— (a) the controlled price, if any, fixed under this section or by or under any other law for the (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (a) the controlled price, if any, fixed under this section or by or under any other law for the (a) the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils; (b) the general crop prospects; (6) the general crop prospects; (b) the general crop prospects; (6) the general crop prospects; (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and consumers; and (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils (c) the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers; and consumers; and (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils. ] (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the (d) the recommendations, if any, of the Agricultural Prices Commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils.] price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils. ] * [(3C) Where any producer is required by an order made with reference to clause (f) of [(3C) Where any producer is required by an order made with reference to clause (f) of sub sub- -s section (2) to sell any kind of sugar (whether to the Central Government or to a State Government section (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub notification was issued under sub- -s section (3A) or otherwise, then, notwithstanding anything contained section (3A) or otherwise, then, notwithstanding anything contained in sub in sub- -s section (3), there shall be paid to that producer only such amount as the Central Government section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to— may, by order, determine, having regard to— 2 [(3C) Where any producer is required by an order made with reference to clause (f) of *[(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 to a State Government sub-section (2) to sell any kind of sugar (whether to the Central Government or to a State Government or to an officer or agent of such Government or to any other person or class of persons) whether a or to an officer or agent of such Government or to any other person or class of persons) whether a notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained notification was issued under sub-section (3A) or otherwise, then, notwithstanding anything contained in sub-section (3), there shall be paid to that producer only such amount as the Central Government in sub-section (3), there shall be paid to that producer only such amount as the Central Government may, by order, determine, having regard to— may, by order, determine, having regard to— (a) the fair and remunerative price, if any, determined by the Central Government as the price (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; of sugarcane to be taken into account under this section; (a) the fair and remunerative price, if any, determined by the Central Government as the price (a) the fair and remunerative price, if any, determined by the Central Government as the price of sugarcane to be taken into account under this section; of sugarcane to be taken into account under this section; (b) the manufacturing cost of sugar; (5) the manufacturing cost of sugar; (b) the manufacturing cost of sugar; (5) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (c) the duty or tax, if any, paid or payable thereon; and (c) the duty or tax, if any, paid or payable thereon; and (c) the duty or tax, if any, paid or payable thereon; and (d) a reasonable return on the capital employed in the business of manufacturing of sugar: (d) a reasonable return on the capital employed in the business of manufacturing of sugar: (d) a reasonable return on the capital employed in the business of manufacturing of sugar: (d) a reasonable return on the capital employed in the business of manufacturing of sugar: Provided that the Central Government may determine different prices, from time to time, for Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: different areas or factories or varieties of sugar: Provided that the Central Government may determine different prices, from time to time, for Provided that the Central Government may determine different prices, from time to time, for different areas or factories or varieties of sugar: different areas or factories or varieties of sugar: Provided further that where any provisional determination of price of levy sugar has been done in Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st undertaken in accordance with the provisions of this sub-section as it stood immediately before the Ist day of October, 2009. day of October, 2009. Provided further that where any provisional determination of price of levy sugar has been done in Provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be respect of sugar produced up to the sugar season 2008-2009, the final determination of price may be undertaken in accordance with the provisions of this sub-section as it stood immediately before the 1st undertaken in accordance with the provisions of this sub-section as it stood immediately before the Ist day of October, 2009. day of October, 2009. Explanation Explanation 3 > [I].— For the purposes of this sub-section,— [I|.— For the purposes of this sub-section,— Explanation 3[I].— For the purposes of this sub-section,— Explanation >[I|.— For the purposes of this sub-section,—

Section 4