Section 2 in The Essential Commodities (Orissa Amendment) Act, 1976
2. Amendment of Section 3.
- In Section 3 of the Essential Commodities Act, 1955 (hereinafter referred to as the principal Act)-(a)in Sub-section (2), for Clause (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 - An order relating to foodgrains made with reference to this Clause-(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 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-section (3), for Clause (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 (v) 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-section (3-B), after Clause (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".
