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[Cites 0, Cited by 0] [Section 6] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 6(2) in The Hoarding and Profiteering Prevention Ordinance, 2000

(2)[ For the purposes of this section a consideration is unreasonable if, whether it is exclusively in money or not,-
(a)the purchaser is, as a condition of sale, required to purchase at the same time any other article ;
(b)where the sale is by a dealer, the consideration exceeds the amount represented by the addition allowed by the normal trade practice in force on the 31st day of August, 1939, to-
(i)the landed cost of the article, in the case of an article imported from outside India or, where the article is delivered to the consignee elsewhere than at a port, that cost increased by any charges incurred for freight and octroi or other duties before delivery, or
(ii)the price at which producer sold the article in the case of article produced in [India excluding the Jammu and Kashmir State] increased by any charges incurred for freight, customs, octroi or other duties before delivery, or
(iii)the price at which the producer sold the article, in the case of an article which is not imported;
(c)where the sale is by a producer, the consideration exceeds the amount represented by the addition allowed by the normal trade practice in force on the 1st day of August, 1939, to the cost of production [of the article, such cost of production being deemed to be exclusive of the amount, if any, by which the price paid by the producer for any component part of the article exceeded- [Inserted by Ordinance VII of 2003.]
(i)the maximum price fixed for the component part under section 3 and in force at the time of its purchase by the purchaser; or
(ii)where no maximum price has been so fixed for the component part, the amount represented by the addition allowed by normal trade practice in force on the 31st day of August, 1939, to the cost of production of the component part:]
Provided that where the addition allowed by such normal trade practice exceeds or is alleged to exceed 20 per cent, the dealer or producer, as the case may be, shall report the fact to the Controller General who may either sanction such addition or, for reasons to be recorded in writing, order its variation; [and the dealer or producer, as the case may be, shall be deemed to sell for a consideration which is unreasonable, if such report has not been made or if after such report has been made and the Controller General has varied such addition, the price charged exceeds the limits approved by the Controller General under this proviso] [Substituted by Ordinance VII of 2003 for certain words.].