(a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity;
(b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops;
(c) for controlling the price at which essential commodity may be bought or sold;
(d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity;
(e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale;
[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,
(a) to sell the whole or a specified part of the quantity held in stock or produced or received by him, or
(b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, 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 or to such other person or class of persons and in such circumstances as may be specified in the order.
Explanation 1.
Explanation 2.
(g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs [- - -] which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be detrimental to the public interest;
(h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters;
(i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order;
[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefor, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the
order;]
[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,
(i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be, committed and any packages, coverings or receptacles in which such articles are found;
(ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act;
[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]
(a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price;
(b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any;
(c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale.
(ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification.
(iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor
(a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price;
(b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any;
(c) where neither clause (a) nor clause (b) applies, the price calculated with reference to the average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification.
(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 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 shall not be called in question in any Court.]
(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;
(b) the general crop prospects;
(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 consumers; and
(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.]
(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;
(b) the manufacturing cost of sugar;
(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 :
Explanation I.
(a) "fair and remunerative price" means the price of sugarcane determined by the Central Government under this section;
(b) "manufacturing cost of sugar" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer;
(c) "producer" means a person carrying on the business of manufacturing sugar;
(d) "reasonable return on the capital employed" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.]
[Explanation II.
OLD LAW ▼
(a) the minimum price, if any, fixed for sugarcane by the Central 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, and different prices may be determined from time to time for different areas or for different factories or for different kinds of sugar.
[Explanation - I].
[Explanation II.
Explanation.
(a) producer means a person carrying on the business of manufacturing sugar;
(b) recognised dealer means a person carrying on the business of purchasing, selling or distributing sugar;
(c) sugar includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.]
(a) the authorised controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except insofar as may be specifically provided by the order; and
(b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions.
(a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and
(b) in the case of an order directed to a specified individual be served on such individual
(i) by delivering or tendering it to that individual, or
(ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report thereof shall be prepared and witnessed by two persons living in the neighbourhood.
STATE AMENDMENTS ▼
[Bihar].
(a) in sub-S. (2), for Cl. (f), the following clause shall be, and shall be deemed always to have been substituted, namely:
(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or caused to be produced or likely to be manufactured or produced or cause to be produced by him or received or likely to be received by him in the course of the said business, to the Central Government or a State Government or to such other person or class of persons and in such circumstances as may be specified in the order.
Explanation..
(i) may specify the prices, fixed by the Central/State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the foodgrain required to be sold under the order;
(ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular foodgrain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers;
(b) in sub-S. (3), for Cl. (c), the following clauses shall be, and shall be deemed always to have been substituted, namely:
(c) in case of foodgrains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order;
(d) where neither clause (a), nor clause (b), nor clause (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale;
(c) in sub-S. (3-B), after Cl. (a), the following clause shall be, and shall be deemed always to have been inserted, namely:
(aa) in the case of foodgrains where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said order made with reference to clause (b) of sub-section (2) for such grade or variety of foodgrains or;Bihar Act 9 of 1978, Section 3 (w.e.f. 6-9-1978).
[Maharashtra].
(i) in sub-S. (2), for Cl. (f), the following clause shall be, and shall be deemed always to have been substituted, namely:
(f) for requiring any person holding in stock, or likely to hold in stock or, engaged in the manufacture or production or processing of, in the business of or buying or selling, any essential commodity, to sell, the whole or a specified part of the quantity of the essential commodity held in stock or likely to be held in stock by him or manufactured or produced or processed or likely to be manufactured or produced or possessed by him or received or likely to be received by him in his business of buying or selling, to the Central Government or the State Government or to an officer or agent of any Government or to such other person or class of persons and in such circumstances as may be specified in the order.
Explanation..
(ii) in sub-S. (3), for Cl. (c), the following clause shall be, and shall be deemed always to have been substituted, namely:
(c) where neither clause (a) nor clause (b) applies, in the case of foodgrains, the amount, if any, specified in or calculated in accordance with the order made under clause (f) of sub-section (2) read with sub-section (3-B) and in the case of any other essential commodity, the price calculated at the market rate prevailing in the locality at the date of sale.
(iii) for sub-S. (3-B), the following sub-section shall be, and shall be deemed always to have been substituted, namely:
(a) having regard to the controlled price, if any, fixed under this section or by or under any law for the time being in force for such grade or variety of foodgrains, edible oil-seeds or edible oils, or
(b) having regard to the prices recommended by the Agricultural Prices Commission for the concerned essential commodity, where no controlled price in relation to such commodity has been fixed by or under any law for the time being in force.Maharashtra Act 1 of 1976, Section 3 (w.e.f. 12-11-1975).
[Orissa].
(a) in sub-S. (2), for Cl. (f), the following clause shall be, and shall be deemed always to have been substituted, namely:
(f) for requiring any person holding in stock or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or caused to be produced or likely to be manufactured or produced or caused to be produced by him or received or likely to be received by him in the course of the said business, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of persons and in such circumstances as may be specified in the order;
Explanation.
(i) may specify the prices fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the foodgrain required to be sold under the order,
(ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular foodgrain to which the order relates, and also and fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers.
(b) in sub-S. (3), for Cl. (c), the following clauses shall be, and shall be deemed always to have been substituted, namely:
(c) in the case of foodgrains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order;
(d) where neither clause (a) nor (b) nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale.
(c) in sub-S. (3-B), after Cl. (i), the following clause shall be, and shall be deemed always to have been inserted, namely:
(i-a) in the case of foodgrains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of foodgrains; or.Orissa Act 8 of 1976, Section 2 (w.e.f. 29-3-1976).
[Uttar Pradesh].
(i) in sub-S. (2), Cl. (f), as substituted by U.P. Amendment Act 18 of 1975, Section 3(a) shall be omitted and deemed to have been omitted with effect from the date of commencement of the Central AmendmentU.P. Act 16 of 1978, Section 3(1).
(ii) in sub-S. (2), in Cl. (f), as substituted by the Central Amendment after Explanation 1, the following Explanation shall be inserted, namely:
(iii) in sub-S. (2), after Cl. (f), the following clause shall be inserted, namely:
(ff) for preventing the hoarding of any essential commodity.U.P. Act 9 of 1974, Section 2.
(iv) in sub-S. (3), for Cl. (c), the following clauses shall be substituted, and be deemed always to have been substituted, namely:
(c) in the case of foodgrains, where neither clause (a) nor clause (b) applies, the amount, if any, specified in the said order made with reference to clause (f) of sub-section (2);
(d) where neither clause (a), nor clause (b), nor clause (c) applies, the price calculated, at the market rate prevailing in the locality at the date of sale.U.P. Act 18 of 1975, Section 3(b).
(v) sub-S. (3-B), as amended by U.P. Amendment Act 18 of 1975, shall be omitted and deemed to have been omitted with effect from the date of commencement of the Central Amendment.U.P. Act 16 of 1978, Section 3(3).
Section 3 • The Essential Commodities Act, 1955
3. Powers to control production, supply, distribution, etc., of essential commodities.
essential-commodities-act-1955-sec-3.json
•
Section 3
{
"act_title": "The Essential Commodities Act, 1955",
"act_slug": "essential-commodities-act-1955",
"section_label": "Section",
"section": {
"number": "3",
"title": "3. Powers to control production, supply, distribution, etc., of essential commodities.",
"chapter": null,
"content": "(a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity;\n(b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops;\n(c) for controlling the price at which essential commodity may be bought or sold;\n(d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity;\n(e) for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale;\n[(f) for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity,\n(a) to sell the whole or a specified part of the quantity held in stock or produced or received by him, or\n(b) in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, 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 or to such other person or class of persons and in such circumstances as may be specified in the order.\nExplanation 1.\nExplanation 2.\n(g) for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs [- - -] which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be detrimental to the public interest;\n(h) for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters;\n(i) for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order;\n[(ii) for the grant or issue of licences, permits or other documents, the charging of fees therefor, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the \norder;]\n[(j) for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination,\n(i) of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be, committed and any packages, coverings or receptacles in which such articles are found;\n(ii) of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this Act;\n[(iii) of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this Act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents.]\n(a) where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price;\n(b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any;\n(c) where neither clause (a) nor clause (b) applies, the price calculated at the market rate prevailing in the locality at the date of sale.\n(ii) Any notification issued under this sub-section shall remain in force for such period not exceeding three months as may be specified in the notification.\n(iii) Where, after the issue of a notification under this sub-section, any person sells foodstuff of the kind specified therein and in the locality so specified in compliance with an order made with reference to clause (f) of sub-section (2), there shall be paid to the seller as the price therefor\n(a) where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price;\n(b) where no such agreement can be reached, the price calculated with reference to the controlled price, if any;\n(c) where neither clause (a) nor clause (b) applies, the price calculated with reference to the average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification.\n(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 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 shall not be called in question in any Court.]\n(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;\n(b) the general crop prospects;\n(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 consumers; and\n(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.]\n(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;\n(b) the manufacturing cost of sugar;\n(c) the duty or tax, if any, paid or payable thereon; and\n(d) a reasonable return on the capital employed in the business of manufacturing of sugar :\nExplanation I.\n(a) \"fair and remunerative price\" means the price of sugarcane determined by the Central Government under this section;\n(b) \"manufacturing cost of sugar\" means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer;\n(c) \"producer\" means a person carrying on the business of manufacturing sugar;\n(d) \"reasonable return on the capital employed\" means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section.]\n[Explanation II.\nOLD LAW ▼\n(a) the minimum price, if any, fixed for sugarcane by the Central Government under this section;\n(b) the manufacturing cost of sugar;\n(c) the duty or tax, if any, paid or payable thereon; and\n(d) the securing of a reasonable return on the capital employed in the business of manufacturing sugar, and different prices may be determined from time to time for different areas or for different factories or for different kinds of sugar.\n[Explanation - I].\n[Explanation II.\nExplanation.\n(a) producer means a person carrying on the business of manufacturing sugar;\n(b) recognised dealer means a person carrying on the business of purchasing, selling or distributing sugar;\n(c) sugar includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported.]\n(a) the authorised controller shall exercise his functions in accordance with any instructions given to him by the Central Government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons in-charge of the management of the undertaking, except insofar as may be specifically provided by the order; and\n(b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions.\n(a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and\n(b) in the case of an order directed to a specified individual be served on such individual\n(i) by delivering or tendering it to that individual, or\n(ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report thereof shall be prepared and witnessed by two persons living in the neighbourhood.\nSTATE AMENDMENTS ▼\n[Bihar].\n(a) in sub-S. (2), for Cl. (f), the following clause shall be, and shall be deemed always to have been substituted, namely:\n(f) for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or caused to be produced or likely to be manufactured or produced or cause to be produced by him or received or likely to be received by him in the course of the said business, to the Central Government or a State Government or to such other person or class of persons and in such circumstances as may be specified in the order.\nExplanation..\n(i) may specify the prices, fixed by the Central/State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the foodgrain required to be sold under the order;\n(ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular foodgrain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers;\n(b) in sub-S. (3), for Cl. (c), the following clauses shall be, and shall be deemed always to have been substituted, namely:\n(c) in case of foodgrains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order;\n(d) where neither clause (a), nor clause (b), nor clause (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale;\n(c) in sub-S. (3-B), after Cl. (a), the following clause shall be, and shall be deemed always to have been inserted, namely:\n(aa) in the case of foodgrains where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said order made with reference to clause (b) of sub-section (2) for such grade or variety of foodgrains or;Bihar Act 9 of 1978, Section 3 (w.e.f. 6-9-1978).\n[Maharashtra].\n(i) in sub-S. (2), for Cl. (f), the following clause shall be, and shall be deemed always to have been substituted, namely:\n(f) for requiring any person holding in stock, or likely to hold in stock or, engaged in the manufacture or production or processing of, in the business of or buying or selling, any essential commodity, to sell, the whole or a specified part of the quantity of the essential commodity held in stock or likely to be held in stock by him or manufactured or produced or processed or likely to be manufactured or produced or possessed by him or received or likely to be received by him in his business of buying or selling, to the Central Government or the State Government or to an officer or agent of any Government or to such other person or class of persons and in such circumstances as may be specified in the order.\nExplanation..\n(ii) in sub-S. (3), for Cl. (c), the following clause shall be, and shall be deemed always to have been substituted, namely:\n(c) where neither clause (a) nor clause (b) applies, in the case of foodgrains, the amount, if any, specified in or calculated in accordance with the order made under clause (f) of sub-section (2) read with sub-section (3-B) and in the case of any other essential commodity, the price calculated at the market rate prevailing in the locality at the date of sale.\n(iii) for sub-S. (3-B), the following sub-section shall be, and shall be deemed always to have been substituted, namely:\n(a) having regard to the controlled price, if any, fixed under this section or by or under any law for the time being in force for such grade or variety of foodgrains, edible oil-seeds or edible oils, or\n(b) having regard to the prices recommended by the Agricultural Prices Commission for the concerned essential commodity, where no controlled price in relation to such commodity has been fixed by or under any law for the time being in force.Maharashtra Act 1 of 1976, Section 3 (w.e.f. 12-11-1975).\n[Orissa].\n(a) in sub-S. (2), for Cl. (f), the following clause shall be, and shall be deemed always to have been substituted, namely:\n(f) for requiring any person holding in stock or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or caused to be produced or likely to be manufactured or produced or caused to be produced by him or received or likely to be received by him in the course of the said business, to the Central Government or a State Government or to an officer or agent of such Government or to such other person or class of persons and in such circumstances as may be specified in the order;\nExplanation.\n(i) may specify the prices fixed by the State Government in this behalf, after taking into account the recommendations, if any, of the Agricultural Prices Commission and with the prior concurrence of the Central Government, as the amount which shall be paid for the foodgrain required to be sold under the order,\n(ii) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular foodgrain to which the order relates, and also and fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers.\n(b) in sub-S. (3), for Cl. (c), the following clauses shall be, and shall be deemed always to have been substituted, namely:\n(c) in the case of foodgrains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order;\n(d) where neither clause (a) nor (b) nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale.\n(c) in sub-S. (3-B), after Cl. (i), the following clause shall be, and shall be deemed always to have been inserted, namely:\n(i-a) in the case of foodgrains, where no controlled price is fixed by an order made with reference to clause (c) of sub-section (2), the amount specified in the said Order made with reference to clause (f) of sub-section (2) for such grade or variety of foodgrains; or.Orissa Act 8 of 1976, Section 2 (w.e.f. 29-3-1976).\n[Uttar Pradesh].\n(i) in sub-S. (2), Cl. (f), as substituted by U.P. Amendment Act 18 of 1975, Section 3(a) shall be omitted and deemed to have been omitted with effect from the date of commencement of the Central AmendmentU.P. Act 16 of 1978, Section 3(1).\n(ii) in sub-S. (2), in Cl. (f), as substituted by the Central Amendment after Explanation 1, the following Explanation shall be inserted, namely:\n(iii) in sub-S. (2), after Cl. (f), the following clause shall be inserted, namely:\n(ff) for preventing the hoarding of any essential commodity.U.P. Act 9 of 1974, Section 2.\n(iv) in sub-S. (3), for Cl. (c), the following clauses shall be substituted, and be deemed always to have been substituted, namely:\n(c) in the case of foodgrains, where neither clause (a) nor clause (b) applies, the amount, if any, specified in the said order made with reference to clause (f) of sub-section (2);\n(d) where neither clause (a), nor clause (b), nor clause (c) applies, the price calculated, at the market rate prevailing in the locality at the date of sale.U.P. Act 18 of 1975, Section 3(b).\n(v) sub-S. (3-B), as amended by U.P. Amendment Act 18 of 1975, shall be omitted and deemed to have been omitted with effect from the date of commencement of the Central Amendment.U.P. Act 16 of 1978, Section 3(3).",
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