8. Directions regarding import, purchase, sale, storage and distribution.
- (i) A licence under this Order-(A)shall acquire full quota of coal allotted to him, unless prevented by sufficient cause to the satisfaction of the District Magistrate;(B)shall comply with any direction that may be issued to him from time to time by the State Coal Controller or the District Magistrate in regard to import, purchase, sale, storage or distribution of coal or for running a brick kiln with coal and sale and distribution of bricks, as applicable to him.(ii)(A)The coal agent shall not sell coal at rates higher than those fixed from time to time by the District Magistrate in the following manner-(a)F.O.R. colliery price actually paid by the dealer;(b)Central and State Sales Tax or any other taxes; cesses and duties at rates applicable at the time of sale; and(c)Handling charges at such rate per metric tonnes of coal as may, from time to time, be fixed by the State Government.(B)A coal agent shall sell coal to any person who does not hold a licence issued under this Order.(iii)A Coal Depot Holder shall-(a)sell coal in accordance with the instructions of the District Magistrate issued from time to time;(b)not dispose of coal until its rates have been fixed by the District Magistrate;(c)not sell coal at rates higher than those fixed from time to time by the District Magistrate in the following manner:(1)Price of coal paid by him to the wholesale dealer as fixed by the District Magistrate under sub-clause (ii) (A) of this clause;(2)Railway freight including or other charges collected by the Railway, exclusive of wharfage and demurrage paid to the Railway, if any, or the actual freight paid- by road subject to the maximum as per rates fixed by the Transport Departments;(3)Octroi, toll or any other tax or fee actually paid, if any, at destination;(4)Charges or unloading of wagons, transport charges from Railway Station to the Depot premises and other incidental expenses as fixed by the District Magistrate in respect of each town, area of a town or village;(5)Wastage and shortage allowance at such rates as may be fixed by the District Magistrate but subject to a maximum of 12½ per cent in the case of soft coke and 10 per cent in the case of steam coal and hard coke, as calculated on price;(6)Profit at the rate of 10 percent as calculated on items (1) to (5) above;(7)Sales Tax levied by the Government at rates applicable at the time of sale.(iv)A licence in Form 'D' or person running a brick kiln with coal-(a)shall not utilise or cause to be utilised coal allotted to him or in stock with him for a purpose other than burning bricks and shall not divert or transfer any such coal to any other person or any other brick kiln, even though owned by him, except under a written authority from the District Magistrate;(b)shall sell the whole or a specified part of his stock of bricks produced with the aid of slack coal to a person as may be specified in a permit issued in that behalf of the District Magistrate and addressed to him;(c)shall manufacture with the aid of slack coal bricks of such sizes as may be fixed by the District Magistrate and shall further sell them at such prices as may be fixed by the District Magistrate for different sizes and classes of bricks.Note. - For the purpose of this sub-clause, the District Magistrate may, subject to any direction of the State Government by general or special order, fix-(a)the sizes of which bricks with the aid of slack coal are to be manufactured; and(b)the maximum price at which different classes of such bricks may be sold to the public in general and in bulk to construction agencies in the public section particularly by any person, such price being based on the estimated cost of manufacture of bricks plus reasonable margin of profit thereon:Provided that different prices may be fixed in respect of different classes and sizes of such bricks for different localities in the district having regard to different circumstances pertaining thereto.
