Amendment status not verified — confirm the current text below against the official source.
Ins. by Act 37 of 2003, s. 2 (w.e.f.14-6-2009). 8 (b) the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. (5) An order made under this section shall,― (a) in the case of an order of a general nature or affecting a class of persons, be notified in the Official Gazette; and (b) in the case of an order directed to a specified individual be served on such individual― (i) by delivering or tendering it to that individual, or (ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. (6) Every order made under this section by the Central Government or by any officer or authority of the Central Government shall be laid before both Houses of Parliament, as soon as may be, after it is made. STATE AMENDMENT Uttar Pradesh Amendment of section 3 of Act X of 1955.—In section 3 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:-- “(ff) for preventing the hoarding of any essential commodity;” [Vide Uttar Pradesh Act 9 of 1974, s. 2] Amendment of section 3.—In section 3 of the principal Act,-- (a) in sub-section (2), for clause (f), the following clause shall be substituted and 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 likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, 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 person and in such circumstances as may be specified in the order; Explanation.--An order relating to food grains 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 food grain 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 food grain 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), substitute the following clauses which shall be Food deemed always to have been substituted, namely:-- 9 "(c) in the case of food grains, where neither clause (a) nor clause (b) applies, the price, if any, specified in the said order; (d) where neither clause (a) nor (b), nor (c) applies, the price calculated at the market rate prevailing in the locality at the date of sale." (c) in sub-section (3B), after clause (i), insert the following clause which shall be deemed always to have been inserted, namely:-- "(ia) in the case of food grains, 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 food grains; or" [Vide Uttar Pradesh Act 18 of 1975, s. 4] Amendment of section 3 of Act X of 1955.—In section 3 of the Essential Commodities Act, 1955, as amended in its application to Uttar Pradesh, in sub-section (2), in clause (f), as substituted by the Essential Commodities (Uttar Pradesh Amendment) Act, 1975, in the Explanation thereof, for sub-clause (II), the following sub-clause shall be substituted and be deemed always to have been substituted Namely:-- “(II) may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular (foodgrains 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." [Vide Uttar Pradesh Act 39 of 1975, s. 2] Amendment of section 3 of Act no. 10 of 1955.—(1) In section 3 of the principal Act, in sub- section (2), clause (f), as substituted by the Uttar Pradesh Amendment read with the Essential Commodities (Uttar Pradesh Second Amendment) Act, 1975 shall be omitted and deemed to have been omitted with effect from the date of the commencement of the Central Amendment. (2) In the said sub-section, in clause (f), as substituted by the central Amendment, after Explanation 1, the following Explanation shall be inserted, namely:-- “Explanation I-A.—An order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis.” (3) In the said section 3, sub-section (3-B), as amended by the Uttar Pradesh Amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central Amendment. [Vide Uttar Pradesh Act XVI of 1978, s. 3]