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Union of India - Section

Section 2 in The Aluminium (Control) Order, 1970

2. Definitions.

- In this Order, unless the context otherwise requires, -
(a)"aluminium" [means indigenous aluminium or imported aluminium] [Substituted by S.O. 565(E),dated 4th October, 1979 (w.e.f. 4th October, 1979), for the words 'means aluminium'.] in any of the forms specified in the Schedule and includes manufactures and semi-manufactures thereof ;
(aa)[ "aluminium price equalisation amount" means an amount calculated in the manners specified in Clause 4-B, for equalising, as far as possible, the sale price of the indigenous aluminium and the sale price of the imported aluminium with a view to securing their availability at fair price;] [Inserted by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979).]
(aaa)[ "auxiliary plant" means a foundry, a rolling mill, an extrusion press, a wire rod mill or any other plant of a similar nature for making products such as alloys castings, rolled products, extruded products and wire rods;] [Inserted by S.O. 74(E), dated 6th February, 1979, and relettered by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979).]
(b)"controller" means a person appointed by the Central Government to be the Controller of Aluminium for the purposes of this Order;
(c)"dealer" means any person, who carries on the business of buying or selling aluminium metal and manufactures and semi-manufactures of aluminium metal, whether or not in conjunction with other business and includes a producer or manufacturer thereof [or a person acquiring aluminium for manufacture;] [Added by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).]
(cc)[ "expenses for administration" means the expenses estimated to be incurred by the controller in discharge of his functions under this Order;] [Inserted by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).]
[[(ccc)] [Inserted by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979).]"importing agent" means a person appointed by the Central Government as an agent for import of aluminium into India;
(cccc)[] [Relettered by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).] "imported aluminium" means aluminium which is imported into India under any law for the time being in force;
(ccccc)[] [Relettered by S.O. 229(E), dated 27th March, 1981 (w.e.f. 27th March, 1981).] "indigenous aluminium" means aluminium which is produced or manufactured in India;]
(d)"manufacture" means any person licenced or registered under the Industries (Development and Regulation) Act, 1951 (65 of 1951), who manufactures aluminium;
(dd)[ "price of imported aluminium" means such price of imported aluminium, inclusive of insurance and freight up to an Indian port, import duty, if any, and charges of the importing agent for importing aluminium but exclusive of the Central Sales-tax and local taxes, as may be fixed by the Controller on the basis of the material received by him under Clause 8 or Clause 9 or on any other relevant consideration;] [Inserted by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979).]
(e)"producer" means any person licenced or registered under,the Industries (Development and Regulation) Act, 1951 (65 of 1951), who produces aluminium from bauxite or alumina and includes the price fixed by the Central Government in respect of each producer, per tonne of un-wrought aluminium produced and transferred by such producer to his auxiliary plant for further processing and sale as aluminium of different specifications;
(ee)[] [Inserted by S.O. 355(E), dated 15th July, 1975.] "retention price" means the price fixed by the Central Government, in respect of each producer, per tonne of aluminium produced and sold by such producer [and includes the price fixed by the Central Government in respect of each producer, per tonne of un-wrought aluminium produced and transferred by such producer to his auxiliary plant for further processing and sale as aluminium of different specifications.] [Inserted by S.O. 74(E) , dated 6th February, 1979.]
(eee)[ "sale price of imported aluminium" means the sale price of imported aluminium fixed under Clause 4;] [Inserted by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979).]
(f)[ "sale price of indigenous aluminium" means the ex-factory price of indigenous aluminium payable by its purchaser inclusive of [Substituted by S.O. 1056(E), dated 17th November, 1989 (w.e.f. 17th November, 1988).]
(i)dealer's commission;
(ii)expenses for administration and research and development to be determined by the Controller from time to time subject to a maximum of Rs. 100 per tonne;
(iii)expenses for modernisation and development of aluminium industry to be determined by the Central Government from time to time subject to a maximum of 5 per cent of the weighted average of retention price, and
(iv)the aluminium price equalisation amount, but exclusive of excise duty, Central sales tax, local taxes, transport charges, insurance charges, if any, and includes the price at which unwrought indigenous aluminium is produced and transferred by a producer to his auxiliary plant for further processing and sale as indigenous aluminium of different specifications;]
(g)"schedule" means the Schedule appended to this Order.
(gg)[ "weighted average of retention prices" means the sum of the product of the quantity of indigenous aluminium estimated to be produced from time to time by each producer and the retention prices fixed under Clause 4-B, divided by total estimated quantity of indigenous aluminium produced by all the producers.] [Inserted by S.O. 565(E), dated 4th October, 1979 (w.e.f. 4th October, 1979).]