Page:United States Statutes at Large Volume 60 Part 1.djvu/703

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PUBLIC LAWS-CH. 671-JULY 25, 1946 Adjustments in "(i) Nothing in this section shall be construed to require any adjustment in maximum prices except pursuant to an application filed under this paragraph, or be construed to invalidate any maxi- mum price unless there is a failure to make adjustments, in accord- ance with the procedure prescribed in this paragraph, to such extent as may be required to comply with the standards set forth in this Application by in- section. Any industry advisory committee may apply to the Admin- dustry advisory com- mittee. istrator for the adjustment of the maximum prices applicable to any product in accordance with the standards set forth in this section, and shall present with the application comprehensive evidence with respect to costs and prices. The Administrator shall consider the evidence so presented and all evidence otherwise available to him and, within sixty days after the receipt of such application, he shall make the adjustments in maximum prices required by this section, or, if he finds that no such adjustments are required, he shall deny the application. If the Administrator neither makes the adjustments in the maximum prices for any product required by this section, nor denies the application for such adjustments, within the sixty-day period prescribed in this paragraph, the industry advisory committee stat31. concerned may petition the Emergency Court of Appeals, created o50u.s . . , Supp. pursuant to section 204, for relief; and such court shall have juris- V, app.924. diction by appropriate order to require the Administrator to make such adjustments or deny such application within such time, not to exceed thirty days, as may be fixed by the court. If the Administrator fails to make such adjustments or deny such application within the time so fixed, no maximum price shall thereafter be applicable with respect to any sale of such product by any seller." tat.34. upp SEC. 12. (a) The second sentence of section 205 (e) of the Emer- 50 U. S. C., Supp. V, app. 925 (e). gency Price Control Act of 1942, as amended, is amended to read as Liability of seller. follows: "In any action under this subsection, the seller shall be liable for reasonable attorney's fees and costs as determined by the court, plus whichever of the following sums is greater: (1) Such amount not more than three times the amount of the overcharge, or the overcharges, upon which the action is based as the court in its discretion may determine, or (2) an amount not less than $25 nor more than $50, as the court in its discretion may determine: Provided, Amount if violation hou w ever, That such amount shall be the amount of the overcharge or notwllltc. overcharges if the defendant proves that the violation of the regula- tion, order, or price schedule in question was neither willful nor the result of failure to take practicable precautions against the occur- rence of the violation." 50 U.SC ., upp. (b ) Section 205 (e) of the Emergency Price Control Act of 1942 V, app. 925(e). as amended, is amended by adding at the end thereof the following new paragraphs: ithdrawal, etc., of "The Administrator may not institute any action under this sub- U. . section on behalf of the United States, or, if such action has been instituted, the Administrator shall withdraw the same- "(1) if the violation arose because the person selling the commodity acted upon and in accordance with the written advice and instructions of the Administrator or any regional adminis- trator or district director of the Office of Price Administration; or "(2) if the violation arose out of the sale of a commodity to any agency of the Government, or to any public housing authority whose operations are supervised or financed in whole or in part by any agency of the Government, and such sale was made pur- r60 STAT.