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Union of India - Section

Section 4A in The Aluminium (Control) Order, 1970

4A. [ Fixation of retention price of aluminium] [Substituted by S.O. 596(E), dated 18th October, 1978.]. - The Central Government may, having regard to all relevant factors, including the estimated cost of production of [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979)] produced by a producer, or by order fix from time to time, the retention price in respect of [indigenous aluminium] [Inserted by S.O. 74(E) dated 6th February, 1979, published in Gazette of India, Extraordinary, Part II, Section 3(ii), dated 6th February, 1979.] produced and sold by such producer and different retention prices may be fixed in respect of [indigenous aluminium] [Inserted by S.O. 74(E) dated 6th February, 1979, published in Gazette of India, Extraordinary, Part II, Section 3(ii), dated 6th February, 1979.] of different specifications produced by such producer. [Such retention price may also be fixed per tonne of unwrought] [Inserted by S.O. 74(E) dated 6th February, 1979, published in Gazette of India, Extraordinary, Part II, Section 3(ii), dated 6th February, 1979.] [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979)], produced and transferred by a producer to his auxiliary plant for further processing and sale as [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979)] of different specifications :

Provided that, whether the Central Government may require any producer to supply, under Clause 4-C, [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word 'aluminium' (w.e.f. 4th October, 1979).] of such specifications and in such quantities to such persons specified in that clause, the Central Government or Controller may, if it is considered necessary so to do, fix in respect of such [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word 'aluminium' (w.e.f. 4th October, 1979).] separate retention price :Provided further that only one retention price shall be fixed for [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word 'aluminium' (w.e.f. 4th October, 1979).] of the same specification [required to be supplied by a producer under Clause 4-C] [Added by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979).] for each producer, whether such [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word 'aluminium' (w.e.f. 4th October, 1979).] is produced in different areas or in different factories in India.[4B] [Substituted by S.O. 596(E), dated 18th October, 1978.]. [Fair pricing of aluminium]. [Substituted by S.O. 565(E), dated 4th October, 1979, for the heading 'Special provisions in regard to the retention prices of aluminium' (w.e.f. 4th October, 1979).] - [(1) With a view to securing the availability of aluminium to the consumers at a fair price, the Central Government may, from time to time, pool -(a)the retention prices of indigenous aluminium, or(b)the weighted average to retention prices with the price of imported aluminium:][Provided] [Inserted by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).] that the expenses for administration [for Research and Development as determined by the Controller and for modernisation and development of aluminium industry as determined by the Central Government] [Substituted by S.O. 1056(E), dated 17th November, 1988 (w.e.f. 17th November, 1988), for the words 'and for Research and Development as determined by the Controller'.] may be included in the sale price of indigenous and imported aluminium determined by such pooling :Provided further that if in the opinion of the Central Government an increase in the cost of production of a producer is imminent, or is likely to be brought about as a result of a decision of a Court and the additional cost to be incurred by him not having been considered in fixation of his retention price, has to be reimbursed to him, the sale prices of indigenous and imported aluminium may be enhanced suitably for the purpose];
(2)[] [Renumbered by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979).] An account, to be called the Aluminium Regulation Account, shall be maintained by the Controller or by such authority or person as may be specified by the Central Government in this behalf.
(3)[] [Renumbered by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979).] Where the retention price fixed under Clause 4-A in respect of [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word 'aluminium' (w.e.f. 4th October, 1979).] ingot or of any other specification produced by any producer is lower than the sale price in respect of [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word 'aluminium' (w.e.f. 4th October, 1979).] ingot or of such specification fixed under Clause 4, such producer shall, as soon as may be after each sale and in any case not later than such period as may be specified by the Controller in this behalf pay into the Aluminium Regulation Account an amount equivalent to the difference between the retention price and sale price in respect of each tonne of [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word 'aluminium' (w.e.f. 4th October, 1979).] sold by him.[Provided] [Added by S.O. 74(E), dated 6th February 1979, published in the Gazette of India, Extraordinary, Part II, Section 3(ii), dated 6th February, 1979.] that where the retention price of un-wrought [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word 'aluminium' (w.e.f. 4th October, 1979).] produced and transferred by a producer to his auxiliary plant for further processing and sale as [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word, 'aluminium' (w.e.f. 4th October, 1979).] of different specifications is lower than the sale price, such producer shall, as soon as may be after each sale, and in any case not later than such period as may be specified by the Controller in this behalf, pay into the Aluminium Regulation Account an amount equivalent to the product of the difference between the sale price and the retention price in respect of each tonne of unwrought [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word, 'aluminium' (w.e.f. 4th October, 1979).] and the number of tonnes of [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word, 'aluminium' (w.e.f. 4th October, 1979).] sold by such producer and for which no sale price has been fixed.
(4)[] [Added by S.O. 74(E), dated 6th February, 1979, published in Gazette of India, Extraordinary, Part II, Section 30), dated 6th February, 1979.] Where the retention price, fixed under Clause 4-A in respect of [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word, 'aluminium' (w.e.f. 4th October, 1979).] ingot or of any other specification produced by any producer is higher than the sale price in respect of [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word, 'aluminium' (w.e.f. 4th October, 1979).] ingot or of such specification fixed under Clause 4, such producer shall be paid from the money standing to the credit the Aluminium Regulation Account, an amount equivalent to the difference between the retention price and sale price in respect of each tonne of [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word, 'aluminium' (w.e.f. 4th October, 1979).] sold by him.[Provided] [Added by S.O. 74(E), dated 6th February, 1979, published in Gazette of India, Extraordinary, Part II, Section 30), dated 6th February, 1979.] that where the retention price of unwrought [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word, 'aluminium' (w.e.f. 4th October, 1979).] produced and transferred by a producer to his auxiliary plant for further processing and sale as [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word, 'aluminium' (w.e.f. 4th October, 1979).] of different specifications, is higher than the sale price, such producer shall be paid from the money standing to the credit of Aluminium Regulation Account, an amount equivalent to the product of the difference between the retention price and sale price in respect of each tonne of unwrought [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word, 'aluminium' (w.e.f. 4th October, 1979).] and the number of tonnes of [indigenous aluminium] [Substituted by S.O. 565(E), dated 4th October, 1979 for the word, 'aluminium' (w.e.f. 4th October, 1979).] sold by such producer and for which no sale price has been fixed.
(5)[ The expenses for administration, if any, may be subject to such limits as may be laid down by the Central Government and shall be paid from the money standing to the credit of the Aluminium Regulation Account.
(6)Where the sale prices of indigenous and imported aluminium have been enhanced with a view to reimbursing a producer for an imminent increase in his cost of production or for an increase in his cost of production likely to be brought about as a result of a decision of a Court, the Central Government may direct payment of such sums of money as may be determined by it to the producer from the Aluminium Regulation Account by way of reimbursement of additional cost incurred by the producer in this behalf.] [Inserted by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).][ [(7)] [Inserted by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979).]For the purpose of pooling the weighted average of retention prices and the prices of imported aluminium, in any one period, the weighted average of retention prices with excise duty for that period shall be multiplied by the quantity of the indigenous aluminium estimated to be produced in that period. To the product so arrived at shall be added another product obtained by multiplying the estimated price of imported aluminium inclusive of import duty, if there be any, for that period, by the quantity of imported aluminium estimated to be available for sale in the same period. The sum of these two products shall be divided by the sum of the quantities of the indigenous aluminium and imported aluminium estimated to be available for sale in the said period. The aluminium price equalisation amount shall then be calculated by subtracting the amount of the weighted average of retention prices plus excise duty from the amount of the pooled price so arrived at according to the following formula: -
(i) P =| (A x B) + (C x D)(A x C)/(A x C)
(ii) E = P - B
WhereA = Quantity of indigenous aluminium estimated to be available for sale in any one period.B = Weighted average retention prices of indigenous aluminium with excise duty for that period;C = Quantity of imported aluminium estimated to be available for sale in the same period ;D = Estimated price of imported aluminium inclusive of import duty, if any;P = Pooled price ;E = Aluminium price equalisation amount.]
(8)[] [Renumbered by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).] The estimates referred to in sub-clause (5) or sub-clause (gg) of Clause 2 may be made on the basis of the record maintained or the information, return or reports supplied under Clause 8 or on such other information or report as may be relevant in the opinion of the Central Government, for the purpose of such estimates.[The effect of the difference, if any, between these estimates and the actual shall be taken into account by the Central Government at the time of pooling of the prices for the subsequent period.] [Substituted by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).]
(9)[] [Renumbered by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).] Every importing agent shall be paid from the money standing to the credit of the Aluminium Regulation Account an amount equal to the difference between the price of the imported aluminium and the sale price of that aluminium, in respect of each tonne of imported aluminium sold by him at the sale price or imported aluminium fixed under Clause 4].