Agricultural Produce (Cereals) Act , 1933

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Agricultural Produce (Cereals) Act, 1933.

2 Commencement of Act.

2.—This Act shall come into operation on such day or days as may be fixed therefor by any joint order or orders of the Minister for Industry and Commerce and the Minister for Agriculture either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

3 Definitions.

3.—In this Act—

the word “flour” means any flour obtained from wheat but does not include meal derived from wheat or offals of wheat;

the expression “body corporate” means a body corporate whether constituted before or after the passing of this Act and whether constituted within or without Saorstát Eireann;

the word “shares” shall be construed as including stock but excluding debentures and debenture stock;

the expression “milling licence” means a licence granted under Part II of this Act;

the expression “inspector of the Minister for Industry and Commerce” means a person authorised in writing by that Minister to exercise the powers conferred on an inspector of the Minister for Industry and Commerce by this Act;

the expression “inspector of the Minister for Agriculture” means a person authorised in writing by that Minister to exercise the powers conferred on an inspector of the Minister for Agriculture by this Act;

the word “prescribed” means prescribed by regulations made under this Act;

the expression “cereal year” means the period of twelve months commencing on the 1st day of August, in the year 1933 and every subsequent year and ending on the 31st day of July next following such 1st day of August;

the expression “home-grown” means grown in Saorstát Eireann;

the word “barrel” means a barrel of twenty stones;

the words “maize” “oats” “barley” and “rye” mean respectively maize in grain, oats in grain, barley in grain and rye in grain;

the expression “maize meal” includes crushed maize, broken maize, kibbled maize, granulated maize, flaked maize, rolled maize and maize germ meal;

the word “grinding” includes crushing, breaking, kibbling, flaking and rolling.

4 National of Saorstát Eireann.

4.—Each of the following persons shall for the purposes of this Act be a national of Sáorstat Eireann that is to say:—

(a) a person born in Saorstát Eireann or in the area now comprised in Saorstát Eireann;

(b) a person born outside Saorstát Eireann or the area now comprised in Saorstát Eireann whose mother at the time of his birth was ordinarily resident in Saorstát Eireann or such area;

(c) a person who at the relevant time is and for not less than five consecutive years immediately preceding that time has been ordinarily resident in Saorstát Eireann.

5 Irish-owned bodies corporate.

5.—(1) In this Act—

the expression “Irish-owned body corporate” means a body corporate the issued shares of which are at the relevant time to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of a person who is or of two or more persons each of whom is at that time either a national of Saorstát Eireann or a body corporate the issued shares of which are at that time to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of nationals of Saorstát Eireann.

(2) For the purposes of the immediately preceding sub-section but not further or otherwise, the following provisions shall have effect, that is to say:—

(a) where a national of Saorstát Eireann dies and is at the time of his death the beneficial owner of any shares in a body corporate, such shares shall, until the grant of probate of his will or letters of administration of his personal estate, be deemed to continue in the beneficial ownership of a national of Saorstát Eireann, and upon the grant of such probate or letters of administration the personal representative for the time being of such national shall, so long as he is entitled to such shares in his representative capacity, be deemed to be the beneficial owner of such shares and, if he is not a national of Saorstát Eireann, to be a national of Saorstát Eireann; and

(b) where a national of Saorstát Eireann becomes a bankrupt or carries an arrangement with his creditors and such national was at the time of his bankruptcy or arrangement the beneficial owner of any shares in a body corporate, and his interest in such shares becomes vested in his assignee in bankruptcy or a trustee of the estate of such national as an arranging debtor, such shares shall be deemed, so long as such interest remains so vested, to be in the beneficial ownership of such assignee or trustee, and such assignee or trustee shall, so long as such interest remains so vested be deemed, if he is not a national of Saorstát Eireann, to be a national of Sáorstat Eireann; and

(c) where a person is for the time being entitled to the income arising from any shares in a body corporate held by a trustee, such person shall so long as he continues to be entitled to such income, be deemed to be the beneficial owner of such shares; and

(d) where two or more persons are each for the time being entitled to a proportionate part of the income arising from shares in a particular body corporate or from such shares and other property held by a trustee, each of such persons, so long as he continues to be entitled to a proportion of such income, shall be deemed to be the beneficial owner of a corresponding proportion of such shares; and

(e) where the issued shares of a body corporate are transferred to a bank, being a body corporate, by way of security for an advance and such bank is registered as the owner of such shares in the register of shareholders of such body corporate, such transfer and registration shall be deemed not to operate to transfer the ownership of such shares to such bank; and

(f) where the issued shares of a body corporate which is the holder of a milling licence or the issued shares of a body corporate holding shares in a body corporate which is the holder of a milling licence cease to be held in the manner stated in the said sub-section, such shares shall be deemed to continue to be held in accordance with that sub-section for a period of six months after they cease to be in fact so held.

6 Millable wheat.

6.—The Minister for Agriculture, after consultation with the Minister for Industry and Commerce, may by order make regulations prescribing the standard to which wheat must conform in order to be classed as millable and references in this Act to millable wheat shall be construed as meaning wheat which conforms to the standard prescribed by such regulations.

7 Maize meal mixture.

7.—(1) In this Act the expression “maize meal mixture” means a feeding preparation which complies with the following specifications, that is to say:—

(a) is made solely from maize meal, and any home-grown cereal or cereals;

(b) any maize, wheat, barley, or rye included therein consists of the entire product of grinding such maize, wheat, barley, or rye; and

(c) any home-grown cereal included therein was before being ground commercially clean and in sound and sweet condition.

(2) Each of the following shall be a cereal for the purposes of this section, that is to say:—

(a) wheat;

(b) barley;

(c) oats;

(d) rye.

(3) The Fertilisers and Feeding Stuffs Act, 1906, shall not apply in respect of maize meal mixture.

8 Compound feeding stuff.

8.—(1) In this Act the expression “compound feeding stuff” means any article for consumption by animals which is not a maize meal mixture and which is either—

(a) a mixture of two or more articles, at least one of which is a feeding stuff; or

(b) a feeding stuff or medicine which passes in commerce under the designation of a proprietary or protected trade name.

(2) In this section the word “animals” means horses, mules, jennets, asses, cattle, sheep, swine, goats or poultry.

9 Licences under Control of Manufactures Act, 1932, in relation to the milling of cereals and the manufacture of maize meal mixture and compound feeding stuffs.

9.—The Minister for Industry and Commerce shall consult the Minister for Agriculture before granting or refusing to grant in exercise of the powers conferred on him by section 6 of the Control of Manufactures Act, 1932 (No. 21 of 1932) a new manufacture licence to do any one or more of the following things, that is to say:—

(a) to mill any cereal;

(b) to adapt for sale within the meaning of the said Act the product of any cereal which has been milled;

(c) to manufacture maize meal mixture;

(d) to adapt for sale within the meaning of the said Act maize meal mixture;

(e) to manufacture any compound feeding stuff;

(f) to adapt for sale within the meaning of the said Act any compound feeding stuff.

10 Milling Advisory Committee.

10.—(1) The Minister for Industry and Commerce shall as soon as may be after the commencement of Part II of this Act establish an advisory committee (to be called and known as the Milling Advisory Committee) for giving advice and assistance to the Minister on any matter arising on or relating to the carrying into execution of the provisions of the said Part.

(2) The Milling Advisory Committee shall consist of such number of ordinary members being representatives of the holders of milling licences as the Minister for Industry and Commerce thinks fit.

(3) The Minister for Industry and Commerce shall appoint, in addition to the ordinary members, one or more, as he thinks proper, persons representative of workers engaged in the flour milling industry to be an additional member or members of the Milling Advisory Committee.

(4) Every member of the Milling Advisory Committee shall be nominated by the Minister for Industry and Commerce and shall retain his membership during the pleasure of that Minister.

(5) Payments may be made by the Minister for Industry and Commerce out of moneys provided by the Oireachtas to members of the Milling Advisory Committee, to such extent as may be sanctioned by the Minister for Finance, in respect of repayment of travelling expenses and payment of subsistence allowance.

11 Offences by bodies corporate.

11.—Where an offence under any section of this Act committed by a body corporate is proved to have been committed with the consent or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or other officer of such body corporate, such director, manager, secretary or other officer shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.

12 Certificates of appointment of inspectors and production thereof.

12.—(1) Every inspector of the Minister for Industry and Commerce shall be furnished by that Minister with a certificate in the form prescribed by that Minister of his appointment as such inspector and when exercising any of the powers conferred on him by this Act shall, if so required, produce such certificate to any person affected.

(2) Every inspector of the Minister for Agriculture shall be furnished by that Minister with a certificate in the form prescribed by that Minister of his appointment as such inspector and when exercising any of the powers conferred on him by this Act shall, if so required, produce such certificate to any person affected.

(3) The Minister for Industry and Commerce may by order make regulations in relation to any matter referred to in this section as prescribed by that Minister, and the Minister for Agriculture may by order make regulations in relation to any matter referred to in this section as prescribed by that Minister.

13 Laying of regulations before Houses of the Oireachtas.

13.—Every regulation made under this Act shall be laid before each house of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat after such regulation is laid before it, such regulation shall be annulled accordingly, but without prejudice to the validity of anything done previously under such regulation.

14 Financial provisions.

14.—(1) Any expenses incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) All fees received under this Act by the Minister for Industry and Commerce or the Minister for Agriculture shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

PART II. Control and Regulation of Wheat Milling.

15 “The Minister” in Part II.

15.—In this Part of this Act the expression “the Minister” means the Minister for Industry and Commerce.

16 Regulations under Part II.

16.—The Minister may by order make regulations in relation to any matter or thing referred to in this Part of this Act as prescribed or to be prescribed.

17 Prosecution of offences under Part II.

17.—Any offence under any section in this Part of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

18 Non-application of Part II to the Minister for Industry and Commerce.

18.—This Part of this Act shall not apply to the business of milling wheat by the Minister under Part VIII of this Act.

19 Prohibition of milling of wheat by unauthorised persons.

19.—(1) It shall not be lawful for any person to carry on by way of trade or for the purposes of gain the business of milling wheat at any mill, unless either—

(a) such person is the holder of a licence (in this Act referred to as a milling licence) granted by the Minister under this Part of this Act in respect of such mill; or

(b) such business is carried on in direct succession to a deceased person who was at the date of his death the holder of a milling licence in respect of such mill and such business is carried on during the currency of such licence at such mill between the date of the death of such person and the grant of probate of his will or letters of administration of his personal estate, or is carried on during the currency of such licence at such mill by the personal representative of such person in due course of administration; or

(c) such business is carried on at such mill by an assignee in bankruptcy, a trustee of an arranging debtor, or a receiver or manager appointed by a court during the currency of a milling licence granted in respect of such mill in continuation of the business of a person who immediately before such assignee, trustee, receiver or manager commenced to carry on such business was the holder of such milling licence; or

(d) in the case of home-grown wheat such person is the holder of a milling permit to mill home-grown wheat at such mill granted by the Minister under this Part of this Act.

(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.

(3) Where the business of milling wheat at a mill is being carried on by a person lawfully entitled, by virtue of paragraph (b) or paragraph (c) of sub-section (1) of this section, to carry on such business at such mill, such person shall, for the purposes of the succeeding provisions (other than the provisions relating to revocation of milling licences) of this Act, be deemed to be the holder of a milling licence in respect of such mill.

20 Applications for milling licences.

20.—(1) Any person may apply to the Minister for a milling licence authorising him to carry on the business of milling wheat at a specified mill.

(2) Every application under this section for a milling licence shall be in the prescribed form and be made in the prescribed manner and shall contain the prescribed particulars.

(3) Every person who applies under this section for a milling licence shall, when required by the Minister so to do, furnish to the Minister all such information as the Minister may require for the consideration of such application.

(4) The Minister may require any statement of fact made in an application for a milling licence or made to the Minister in response to a request for information under the next preceding sub-section of this section to be verified by the statutory declaration of some person having personal knowledge of the fact so stated.

(5) If any person fails to furnish any information or any verification which he is required by the Minister under this section to furnish, the Minister may, on the ground of such failure and without prejudice to any other power of refusal conferred on him by this Act, refuse the application in relation to which such information or verification was so required.

21 Grant of milling licences and conditions of licences.

21.—(1) Where an application is made in accordance with this Act for a milling licence the Minister shall, subject to the provisions of this section, have absolute discretion to grant or to refuse to grant such licence.

(2) In the case of an application made in accordance with this Act within three months after the commencement of this Part of this Act for a milling licence in respect of a specified mill at which there was milled during any part of the year 1931 any flour or wheaten meal for sale in Saorstát Eireann, the Minister shall not refuse such application except upon the grounds mentioned in the immediately preceding section.

(3) Every milling licence granted by the Minister shall—

(a) be in the prescribed form, and

(b) be expressed and operate to authorise the person who is for the time being the holder of such licence, so long as such licence is in force, to carry on the business of milling wheat at the mill specified in such licence, and

(c) be and be expressed to be granted subject to the following condition (in this section referred to as the statutory condition) that is to say, in case such licence is granted or transferred to a body corporate which at the date of such grant or transfer is an Irish-owned body corporate, that, so long as such licence is held by such body corporate, such body corporate shall continue to be an Irish-owned body corporate, and

(d) subject to the provisions of the next succeeding sub-section, be and be expressed to be granted subject to such (if any) prescribed conditions as the Minister thinks proper and states in such licence.

(4) Where in pursuance of an application made within three months after the commencement of this Part of this Act a milling licence in respect of a specified mill at which there was milled during any part of the year 1931 any flour or wheaten meal for sale in Saorstát Eireann is granted to a person who is at the date of the grant of such licence a national of Saorstát Eireann, or a body corporate which at the date of the grant of such licence is an Irish-owned body corporate, there shall not be attached to such licence any conditions except the statutory condition.

22 Rate of wages and conditions of employment at mills.

22.—(1) Wages payable to a workman employed at a licensed mill shall be at a rate not less than the rate generally recognised by trade unions and employers as the rate applicable to workmen employed in a similar kind of work at similar licensed mills.

(2) The conditions of employment (other than the rate of wages) of a workman employed at a licensed mill shall not be less advantageous than the conditions of employment generally recognised by trade unions and employers as the conditions of employment applicable to workmen employed in a similar kind of work at similar licensed mills.

(3) If at any licensed mill the provisions of this section in relation to any workman employed at such mill are not observed, the holder of the milling licence in respect of such mill shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

(4) In this section the expression “licensed mill” means a mill which is the subject of a milling licence.

23 Transfer of licences.

23.—(1) A milling licence shall not be transferable save by the Minister under this section.

(2) Where the beneficial ownership of the business of milling wheat at a mill which is the subject of a milling licence has been transferred, whether by act of the parties or by operation of law, from the holder of such licence to another person, the following provisions shall have effect, that is to say:—

(a) such person may apply to the Minister in accordance with the next following sub-section for a transfer of such licence and upon such application being made the following provisions shall have effect, that is to say:—

(i) in case such person, is an Irish-owned body corporate, or a national of Saorstát Eireann, or in case such person has become entitled to such business under a will or an intestacy, the Minister shall transfer such licence to such person; and

(ii) in any other case, the Minister may, in his absolute discretion, transfer or refuse to transfer such licence to such person; and

(b) where such licence is so transferred it shall be deemed to have been transferred as on the date on which such business is transferred.

(3) Every application for the transfer of a milling licence under this section shall be in writing in the prescribed form and shall contain the prescribed particulars.

24 Expiry of a milling licence.

24.—A milling licence shall cease to be in force on the revocation of such licence or the refusal of the Minister to transfer such licence under the immediately preceding section whichever first happens.

25 Quota and quota years.

25.—In this Part of this Act the following expressions when used in relation to a mill in respect of which a milling licence is in force have the following meanings respectively, that is to say:—

the expression “quota year” means the cereal year next following the date of the grant of such licence, or any successive cereal year during any part of which such licence is in force;

the word “quota” means the amount of wheat to be milled at such mill during any period in respect of which the word is used.

26 Quota for mills.

26.—(1) Whenever the Minister grants in respect of any mill a milling licence he shall at the same time make an order fixing the quota for such mill and the quota fixed by such order shall, subject to the provisions of this section, be for the purposes of this Part of this Act the quota for such mill in respect of every quota year.

(2) The Minister may at the times and under the conditions hereinafter specified in this section make in relation to any licensed mill an order (in this section referred to as a quota variation order) varying the quota for such mill and whenever any such order is made in respect of a mill the quota as varied by such order shall, subject to the making of a subsequent quota variation order, be for the purposes of this Part of this Act the quota for such mill in respect of every year to which such order applies in lieu of the quota in force at the time of the making of such order.

(3) The Minister may, before the 1st day of February in all or any of the first three quota years for a mill, make a quota variation order increasing or reducing the quota for that mill in respect of the quota year in which such order is made and every subsequent quota year.

(4) The Minister may, on or after the 1st day of February in all or any of the first three quota years for a mill, make a quota variation order increasing or diminishing the quota for that mill in respect of every subsequent quota year.

(5) The Minister may, on or after the 1st day of February in the fifth quota year for a mill and after the fifth in every or any second successive quota year for that mill, make a quota variation order increasing or diminishing the quota for that mill in respect of every subsequent quota year.

(6) The Minister may, before the 1st day of February in the fifth or every or any subsequent quota year for a mill, if he is satisfied that in the preceding quota year the quota for that year was not milled at such mill, make a quota variation order reducing the quota for that mill in respect of that quota year and every subsequent quota year.

(7) In making under the immediately preceding sub-section a quota variation order reducing the quota for a mill the Minister shall have regard to the amount of wheat milled at such mill in the quota year preceding the quota year in which such order is made.

27 Quota for preliminary quota period.

27.—Whenever the Minister grants a milling licence in respect of any mill and such licence comes into force before the first quota year the Minister shall at the same time make an order fixing the quota for such mill in respect of the period (in this Part of this Act referred to as the preliminary quota period) commencing on the date on which such licence comes into force and ending immediately before the commencement of the first quota year, and the quota so fixed shall for the purposes of this Part of this Act be the quota for such mill in respect of the preliminary quota period.

28 Obligation to mill quota.

28.—(1) Every holder of a milling licence in respect of a particular mill shall, subject to the provisions of this section, mill into flour at such mill in the preliminary quota period (if any) and in every quota year the quota for such mill in respect of such period or year (as the case may be).

(2) The Minister may, if he so thinks fit, by licence authorise the holder of a milling licence in respect of a particular mill to mill into wheaten meal a certain specified proportion of the quota for such mill in respect of the preliminary quota period (if any) or a specified quota year, and in such case any amount of wheat, not in excess of the said proportion, milled into wheaten meal during the preliminary quota period (if any) or such year at such mill shall be deemed for the purposes of this section to have been milled into flour at such mill during such period or year.

(3) If any holder of a milling licence in respect of a particular mill fails to mill into flour at such mill during the preliminary quota period (if any) or any quota year an amount of wheat which is at least ninety per cent. of the quota for such mill in respect of such period or year, such person shall unless he satisfies the Court that such failure was attributable to circumstances over which he had no control be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part III of the First Schedule to this Act.

29 Obligation to mill annually a percentage of home-grown wheat.

29.—(1) As soon as may be after the commencement of every cereal year the Minister, after consultation with the Minister for Agriculture, shall make an order requiring that of the total amount of wheat required under the immediately preceding section to be milled during such cereal year in all mills which are licensed mills at the commencement of such cereal year a percentage to be fixed by such order shall consist of home-grown wheat, and the Minister may, after the like consultation, during such cereal year by a further order or orders vary the amount of such percentage, and the percentage fixed by an order or the last order made under this section in any cereal year shall for the purposes of this section be the appointed national percentage in respect of such cereal year.

(2) Subject to the provisions of this section every person who is the holder of a milling licence in respect of a mill which is a licensed mill at the commencement of any cereal year shall mill at such mill as part of the quota in respect of the quota year which is contemporaneous with such cereal year homegrown wheat of an amount not less than a percentage of such quota equal to the appointed national percentage in respect of such cereal year.

(3) Any person (in this sub-section referred to as the undertaking miller) who is the holder of a milling licence in respect of a mill (in this section referred to as the undertaking mill) may undertake on behalf of another person (in this sub-section referred to as the liable miller) who is the holder of a milling licence in respect of another mill (in this sub-section referred to as the liable mill) to mill during any cereal year at the undertaking mill the whole amount of home-grown wheat required by the immediately preceding sub-section to be milled during such cereal year at the liable mill or a part of such home-grown wheat, and where any such undertaking is entered into the following provisions shall have effect, that is to say:—

(a) if such undertaking relates to the whole of such home-grown wheat, the liable miller shall be exempt from the obligation imposed on him by the said sub-section in relation to such cereal year in respect of the liable mill; and

(b) if such undertaking relates to a part of such home-grown wheat, the liable miller shall, so far as relates to such part, be exempt from the obligation imposed on him by the said sub-section in relation to such cereal year in respect of the liable mill; and

(c) if the undertaking miller fails or neglects to comply with such undertaking such undertaking miller shall be guilty of an offence under this section; and

(d) the liable miller shall, within fourteen days after such undertaking is entered into, send to the Minister full particulars of such undertaking, and if the liable miller fails to comply with this provision the liable miller shall be guilty of an offence under this section.

(4) If the holder of a milling licence fails or neglects to perform the obligation imposed on him by sub-section (2) of this section, such holder shall, unless he is exempted from such obligation under the immediately preceding sub-section, be guilty of an offence under this section.

(5) Every person guilty of an offence under this section shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.

(6) In fixing the appointed national percentage in respect of any cereal year the Minister shall have regard to the estimated quantity of millable wheat grown by registered wheat growers in Saorstát Eireann and available for sale in such cereal year.

(7) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which that House has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

30 Milling in excess of quota.

30.—(1) Where in any preliminary quota period or quota year for a mill in respect of which a milling licence is in force during such period or year there is milled at such mill an amount of wheat which is in excess of the quota for such mill in respect of such period or year, the holder of such licence shall at the expiration of such period or year pay to the Minister a sum calculated at the rate of three shillings for every four hundred pounds of wheat milled in excess of such quota and such sum shall be a debt due and payable by such holder to the Minister and may be recovered as a simple contract debt in a court of competent jurisdiction.

(2) In any proceedings by the Minister under this section to recover any sum from the holder of a milling licence the production of a certificate under the seal of the Minister certifying that such sum is due by such person shall be prima facie evidence of the facts so certified.

(3) All moneys recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

31 Returns by holders of milling licences.

31.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:—

(a) the returns to be made by holders of milling licences;

(b) the times at which such returns are to be made;

(c) the forms in which such returns are to be made.

(2) Every person, required by regulations made under this section to make any return, who fails or refuses to make such return in accordance in all respects with such regulations shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

32 Records to be kept at licensed mills.

32.—(1) It shall be the duty of every person who is the holder of a milling licence in respect of a mill to keep or cause to be kept at the appointed place the following records in the prescribed form, that is to say:—

(a) in respect of imported wheat brought on to such mill—

(i) a record of all purchases and dispositions of such wheat, and

(ii) a record of the quantity of such wheat milled at such mill into flour and meal respectively, and

(iii) a record of all dispositions of such flour and meal respectively;

(b) in respect of home-grown wheat brought on to such mill—

(i) a record of all purchases and dispositions of such wheat, and

(ii) a record of the quantity of such wheat milled at such mill into flour and meal respectively, and

(iii) a record of all dispositions of such flour and meal respectively;

and within twenty-four hours after the completion of any such purchases, millings, or dispositions to enter in the said records the prescribed particulars thereof.

(2) Every record kept in pursuance of this section may be inspected at any time during office hours by an inspector of the Minister for Industry and Commerce and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such inspector on demand such record and all invoices, consignment notes, receipts, and other documents (including copies thereof where the originals are not available) reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such record.

(3) If any person—

(a) fails to keep or cause to be kept such record as is required by this section to be kept or caused to be kept by him; or

(b) fails to make or cause to be made in such record within the time fixed by this section any entry required by this section to be made by him therein; or

(c) fails to produce or cause to be produced for inspection by an inspector of the Minister for Industry and Commerce on demand any record, document, or copy of a document which he is required by this section to produce or obstructs any such inspector in the making of such inspection; or

(d) wilfully or negligently makes or causes to be made in such record any entry which is false or misleading in any material particular;

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.

(4) For the purpose of this section—

(a) inspection of a record or document shall include taking copies thereof or extracts therefrom; and

(b) a demand for inspection of a record or document shall be deemed to have been duly made to the holder of a milling licence in respect of a mill if such demand is made verbally at the appointed place to any person in the employment of such holder; and

(c) a refusal or failure to produce a record or other document for inspection, if made or committed by a person in the employment of the holder of a milling licence in respect of a mill at the appointed place shall be deemed to have been made or committed by such holder; and

(d) the expression “the appointed place” in relation to a mill means—

(i) in case the office work in connection with such mill is carried on at a building in the vicinity of, but not forming part of such mill, such building, and

(ii) in any other case, the place at such mill where such office work is carried on; and

(e) the expression “office hours” means—

(i) in relation to any day (not being a Sunday, a bank holiday, or a locally observed holiday or half-holiday), any time between the hours of ten o'clock in the morning and five o'clock in the afternoon during which business is being carried on or work is being done at the appointed place; and

(ii) in relation to any locally observed half-holiday, any time between the hours of ten o'clock in the morning and one o'clock in the afternoon during which business is being carried on or work is being done at the appointed place.

33 Inspection of licensed mills.

33.—(1) An inspector of the Minister for Industry and Commerce shall be entitled at all reasonable times to enter any licensed mill, and examine any wheat (whether imported or home grown), flour, wheaten meal, or wheat offals found on such premises and take reasonable samples of such wheat, flour, meal, or offals.

(2) Every person who shall obstruct or impede any inspector of the Minister for Industry and Commerce in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence, to a fine not exceeding five pounds or, in the case of a second or any subsequent offence, a fine not exceeding ten pounds.

34 Revocation of milling licences.

34.—(1) The Minister may at any time revoke a milling licence upon the application of the holder of such licence.

(2) The Minister may at any time without any such application revoke a milling licence granted in relation to any mill if—

(a) he is satisfied that such licence was procured by fraud or misrepresentation; or

(b) the business of milling wheat has ceased to be carried on at such mill; or

(c) the holder of such licence has been convicted of an offence under this Act; or

(d) he is satisfied that there has been any breach of any condition of such licence.

(3) Before revoking (otherwise than in accordance with an application in that behalf made under this section) a milling licence, the Minister shall give at least one month's notice in writing to the holder thereof stating his intention so to revoke such licence and the reasons therefor, and whenever any such notice is so given the following provisions shall have effect, that is to say:—

(a) the Minister shall not revoke such licence until the expiration of such notice, and

(b) where any representations are made before the expiration of such notice by the person to whom such notice is given, the following provisions shall have effect, that is to say:—

(i) the Minister shall consider such representations, and

(ii) unless as a result of such consideration he decides not to revoke such licence, the Minister, in case such person, before such expiration, requests that an inquiry be held in relation to the matter, shall or, in any other case if he thinks fit so to do, may cause such inquiry to be held, and

(iii) where the Minister causes any such inquiry to be held, he shall not revoke such licence until such inquiry has concluded.

(4) A notice of the Minister's intention to revoke a milling licence may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at the mill to which such licence relates.

(5) For the purposes of this section the holder of a milling licence shall be construed as meaning the person for the time being lawfully entitled by virtue of this Act to carry on the business of milling wheat at the mill to which such milling licence relates.

35 Information from certain shareholders.

35.—(1) The Minister may from time to time serve a notice in writing on any person who holds any shares in a body corporate to which this section applies requiring such person within sixty days after the service of such notice to send to the Minister a return stating whether he is or is not the beneficial owner of such shares and, in respect of such (if any) of the said shares as are held by him for other persons, the names and addresses of such other persons, specifying in the case of each such other person the number and nominal value of the shares held for him.

(2) The Minister may from time to time serve a notice in writing on any person who holds any shares in a body corporate which holds any shares in a body corporate to which this section applies requiring such person within sixty days after the service of such notice to state whether he is or is not the beneficial owner of the shares so held by him, and in respect of such (if any) of the said shares as are held by him for other persons, the names and addresses of such other persons, specifying in the case of each such other person the number and nominal value of the shares held for him.

(3) If any person on whom a notice is served under this section either refuses or neglects to make a return in accordance with such notice or makes a return which is false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part III of the First Schedule to this Act.

(4) This section applies to every body corporate which is the holder of a milling licence.

(5) A notice under this section may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at his last known place of abode.

36 Milling (home-grown wheat) permits.

36.—(1) The Minister, after consultation with the Minister for Agriculture, may, if he so thinks fit, grant to any person (other than the holder of a milling licence) a permit (in this section referred to as a milling (home-grown wheat) permit) to mill home-grown wheat at a specified mill.

(2) Every milling (home-grown wheat) permit shall—

(a) be in the prescribed form, and

(b) be expressed and operate to authorise the person to whom such permit is granted to carry on the business of milling home-grown wheat at the mill specified in such permit, and

(c) be and be expressed to be granted subject to such conditions (including conditions as to revocation) as the Minister thinks proper and inserts in such permit.

(3) If any person to whom a milling (home-grown wheat) permit is granted fails to comply with the conditions subject to which such permit was granted, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part III of the First Schedule to this Act.

PART III. Subsidies on Wheat Milled at Inland Mills.

37 “The Minister” in Part III.

37.—In this Part of this Act the expression “the Minister” means the Minister for Industry and Commerce.

38 Inland Mills.

38.—For the purposes of this Part of this Act every mill (other than a mill which is situate within five miles from the principal post office in the county boroughs of Dublin, Cork or Limerick), shall be an inland mill.

39 Rates of subsidy.

39.—(1) The Minister for Finance may, from time to time, after consultation with the Minister, by order (in this Part of this Act referred to as a subsidy (rate) order) fix by reference to weight, subject to the provisions of this section, the rate of subsidy to be paid under this Part of this Act on wheat milled at any specified inland mill.

(2) A subsidy (rate) order may relate to several inland mills, and in such case such order may fix separate, or different rates of subsidy in relation to some or all of such mills.

(3) The Minister for Finance may, after consultation with the Minister, by order (in this Part of this Act referred to as a variation order) under this sub-section revoke or amend any subsidy (rate) order.

(4) The rate or the several rates of subsidy fixed by an order under this section shall not exceed one shilling for every four hundred pounds of wheat milled.

(5) Every order under this section shall be laid before Dáil Eireann as soon as may be after it is made, and if a resolution annulling such order is passed by Dáil Eireann within the next subsequent twenty-one days on which Dáil Eireann has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

40 Subsidies on wheat milled at inland mills.

40.—(1) The Minister may, with the consent of the Minister for Finance, out of moneys provided by the Oireachtas, pay during such period as the Minister may by order under this sub-section appoint subsidies on all wheat (subject to the limitations (if any) imposed under the next following sub-section) milled at an inland mill, which is the subject of a milling licence and of a subsidy (rate) order for the time being in force, at the rate fixed in respect of such mill by such order or by such order as amended by a variation order

(2) The Minister may revoke or amend an order under the immediately preceding sub-section.

(3) Whenever a subsidy (rate) order is made in relation to an inland mill, the Minister for Finance, after consultation with the Minister, may from time to time by order under this sub-section declare that where in a cereal year the wheat milled at such mill exceeds in amount the amount (in this sub-section referred to as the maximum) fixed by such order, no subsidy shall be paid on any wheat milled at such mill in any cereal year which is in excess of the maximum, and whenever any such order in relation to an inland mill is in force and there is milled at such mill in any cereal year wheat in excess of the maximum fixed by such order, no subsidy shall be paid on any wheat milled at such mill in such cereal year in excess of the maximum fixed by such order in relation to such mill.

(4) The Minister for Finance may, after consultation with the Minister, revoke or amend an order under the immediately preceding sub-section.

(5) Every subsidy paid under this Part of this Act in respect of any wheat milled at an inland mill shall be paid to the person who was the holder of the milling licence in respect of such mill at the time such wheat was milled or the personal representative or (in the case of a body corporate) the liquidator of such person and in any case shall be paid at such time, calculated in such manner, and on such quantities of wheat as shall be prescribed.

(6) All claims for payment of a subsidy under this Part of this Act shall be made to and determined by the Minister and the decision of the Minister on any such claim shall be final and conclusive, but may be revoked or amended at any time by the Minister on the ground of fraud, misrepresentation or mistake.

(7) No subsidy shall be paid on any wheat milled by the Minister under Part VIII of this Act.

(8) Every order under sub-section (1) of this section shall be laid before Dáil Eireann as soon as may be after it is made, and if a resolution annulling such order is passed by Dáil Eireann within the next subsequent twenty-one days on which Dáil Eireann has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

41 Recovery of over-payments of subsidies.

41.—(1) If it is found at any time that any person has obtained any payment by way of subsidy under this Part of this Act to which or to part of which he was not lawfully entitled, the amount of that payment or of that part of the payment may, irrespective of the amount thereof and without prejudice to any criminal liability in respect thereof, be recovered by civil proceedings at the suit of the Minister in either the High Court, the Circuit Court or the District Court.

(2) In any proceedings under this section a certificate in writing signed by the Minister stating that a person has obtained a payment of a specified amount by way of subsidy under this Part of this Act and that such person was not entitled to such payment or to a specified part thereof shall be prima facie evidence of those matters as stated in such certificate.

(3) All moneys recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

42 Regulations under Part III.

42.—The Minister may with the consent of the Minister for Finance by order make regulations for all or any of the following purposes, that is to say:—

(a) prescribing any matter or thing referred to in this Part of this Act as prescribed;

(b) prescribing the requirements, agreements, and evidence to be complied with, entered into or given by persons claiming or intending to claim subsidies under this Part of this Act for the purpose of proving their right to and the amount of such subsidies.

43 False statements in relation to subsidies.

43.—(1) If any person for the purposes of obtaining a subsidy under this Part of this Act for himself or any other person makes any statement or representation in writing which is false or misleading in any material particular, such person and, in the case of a body corporate, every director, manager and secretary thereof, shall, unless he proves that he did not know and could not with reasonable diligence have ascertained that the statement was false or misleading as aforesaid or, in the case of a director, manager or secretary of a body corporate making such statement, that the statement or representation was made without his knowledge, or without his consent, be guilty of an offence under this section and be liable on summary conviction thereof to the penalties mentioned in Part I. of the First Schedule to this Act.

(2) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

PART IV. Registration of Flour Importers, Distillers, Wheat Importers, Wheat Dealers, Wheat Growers, Maize Millers, Maize Importers, and Manufacturers of Compound Feeding Stuffs and Restrictions on Carrying on Certain Businesses.

44 Regulations under Part IV.

44.—(1) The Minister for Industry and Commerce may by order make regulations in relation to any matter or thing referred to in this Part of this Act as prescribed or to be prescribed by that Minister.

(2) The Minister for Agriculture may by order make regulations in relation to any matter or thing referred to in this Part of this Act as prescribed or to be prescribed by the Minister for Agriculture.

45 Registers to be kept by the Minister for Industry and Commerce and the Minister for Agriculture.

45.—(1) The Minister for Industry and Commerce shall cause to be kept—

(a) a register to be called and known as the register of flour importers; and

(b) a register to be called and known as the register of distillers.

(2) The Minister for Agriculture shall cause to be kept—

(a) a register to be called and known as the register of wheat importers; and

(b) a register to be called and known as the register of wheat dealers; and

(c) a register to be called and known as the register of wheat growers; and

(d) a register to be called and known as the register of maize millers; and

(e) a register to be called and known as the register of maize importers; and

(f) a register to be called and known as the register of manufacturers of compound feeding stuffs.

(3) There shall be entered in every such register the matters required by this Part of this Act to be entered therein.

(4) References in this Part of this Act to a register shall be construed as references to a register kept under this section.

46 The appropriate Minister.

46.—In this Part of this Act the expression “the appropriate Minister” means—

(a) in relation to the register of flour importers and the register of distillers and persons registered and premises entered in those registers, the Minister for Industry and Commerce, and

(b) in relation to any other register and persons registered and premises entered in such register, the Minister for Agriculture.

47 Applications for registration.

47.—(1) Any person who carries on or proposes to carry on the business of importing flour or wheaten meal or both may, in accordance with this section, apply to the appropriate Minister to be registered in the register of flour importers in respect of any premises at which he carries on or proposes to carry on such business.

(2) Any person who carries on the business of distilling may, in accordance with this section, apply to the appropriate Minister to be registered in the register of distillers in respect of any premises at which he is entitled by law to carry on such business.

(3) Any person who carries on or proposes to carry on the business of importing wheat may, in accordance with this section, apply to the appropriate Minister to be registered in the register of wheat importers in respect of any premises at which he carries on or proposes to carry on such business.

(4) Any person who carries on or proposes to carry on the business of purchasing home-grown wheat for re-sale may, in accordance with this section, apply to the appropriate Minister to be registered in the register of wheat dealers in respect of any premises at which he carries on or proposes to carry on such business.

(5) Any person who has sown or proposes to sow wheat may, in accordance with this section, apply to the appropriate Minister to be registered in the register of wheat growers in respect of any premises on which he has sown or proposes to sow wheat.

(6) Any person (in this section referred to as a maize miller) who carries on or proposes to carry on the business of milling maize into maize meal may, in accordance with this section, apply to the appropriate Minister to be registered in the register of maize millers in respect of any premises at which he carries on or proposes to carry on such business.

(7) Any person who carries on or proposes to carry on the business of importing maize, may, in accordance with this section, apply to the appropriate Minister to be registered in the register of maize importers in respect of any premises at which he carries on or proposes to carry on such business.

(8) Any person who carries on or proposes to carry on the business of manufacturing compound feeding stuffs may, in accordance with this section, apply to the appropriate Minister to be registered in the register of manufacturers of compound feeding stuffs in respect of any premises at which he carries on or proposes to carry on such business.

(9) The following provisions shall have effect in relation to applications under this section, that is to say:—

(a) where a maize miller desires to be registered in the register of maize millers in respect of two or more premises he shall send a separate application for registration in respect of each such premises;

(b) where a person desires to be registered in two or more registers, he shall send a separate application for registration in respect of each such register;

(c) every application for registration in a particular register kept by the Minister for Industry and Commerce shall be in the form prescribed by that Minister and shall contain the particulars prescribed by that Minister and shall specify the premises in respect of which the applicant applies to be registered in such register;

(d) every application for registration in a particular register kept by the Minister for Agriculture shall be in the form prescribed by that Minister and shall contain the particulars prescribed by that Minister and shall specify the premises in respect of which the applicant applies to be registered in such register.

(10) References in this Part of this Act to an original application for registration shall be construed as a reference to an application for registration made under this section.

48 Registration of persons.

48.—(1) On receipt of an application for registration in a particular register under and in accordance with the immediately preceding section the appropriate Minister shall, subject to the provisions of the next following section, enter in such register the name and address of the applicant and particulars of the premises specified in such application in respect of which registration is sought.

(2) References in this Act to a registered flour importer, a registered distiller, a registered wheat importer, a registered wheat dealer, a registered wheat grower, a registered maize miller, a registered maize importer and a registered manufacturer of compound feeding stuffs, shall be construed as references to a person for the time being registered in the register of flour importers, a person for the time being registered in the register of distillers, a person for the time being registered in the register of wheat importers, a person for the time being registered in the register of wheat dealers, a person for the time being registered in the register of wheat growers, a person for the time being registered in the register of maize millers, a person for the time being registered in the register of maize importers, and a person for the time being registered in the register of manufacturers of compound feeding stuffs, respectively.

49 Grounds for refusal of registration in certain registers.

49.—(1) Subject to the provisions of the next following sub-section, the Minister for Industry and Commerce may refuse to register an applicant for registration in the register of flour importers if, in his opinion, the registration of such applicant is, having regard to the number of persons already registered in such register, not desirable in the public interest.

(2) The Minister for Industry and Commerce shall notwithstanding anything in the immediately preceding sub-section, not refuse to register an applicant for registration in the register of flour importers if such applicant was bona-fide engaged either as agent for the importation of flour milled in Great Britain or Northern Ireland or as a direct importer of flour from any country other than Great Britain or Northern Ireland in the business of importing flour during any part of the appointed period, and the application for registration is made not later than one month after the appointed date.

(3) Subject to the provisions of the next following sub-section, the Minister for Agriculture may refuse to register an applicant for registration in the register of wheat importers, the register of wheat dealers, the register of maize importers, or the register of manufacturers of compound feeding stuffs if, in his opinion, the registration of such applicant is, having regard to the number of persons already registered in such register, not desirable in the public interest.

(4) The Minister for Agriculture shall, notwithstanding anything in the immediately preceding sub-section, not refuse to register an applicant for registration in the register of wheat importers or the register of maize importers in respect of any premises if—

(a) in the case of an applicant for registration in the register of wheat importers, either—

(i) such applicant is the holder of a milling licence in respect of such premises, or

(ii) such applicant was bona-fide engaged in the business of importing wheat during any part of the appointed period, and the application for registration is made not later than one month after the appointed date; and

(b) in the case of an applicant for registration in the register of maize importers, such applicant was bona-fide engaged in the business of importing maize during any part of the appointed period, and the application for registration is made not later than one month after the appointed date.

(5) Subject to the provisions of the next following sub-section, the Minister for Agriculture may refuse to register an applicant for registration in the register of maize millers in respect of any premises if, in his opinion, either—

(a) such premises are not suitable and are not adequately equipped for the purposes of the business to which such register relates, or

(b) such premises and the equipment thereon are not in a state of good repair, or

(c) the registration of such applicant is, having regard to the number of persons already registered in such register, not desirable in the public interest.

(6) The Minister for Agriculture shall, notwithstanding anything in the immediately preceding sub-section, not refuse to register an applicant for registration in the register of maize millers in respect of any premises, if such applicant was bona-fide engaged in the business of milling maize at such premises during any part of the appointed period, and the application for registration is made not later than one month after the appointed date.

(7) In this section the expression “the appointed period” means the period commencing on the 1st day of January, 1929, and ending on the 19th day of October, 1932, and the expression “the appointed date” means the date of commencement of this Part of this Act.

50 Registration in respect of additional premises.

50.—(1) Any person who is registered in any register kept under this Part of this Act may apply to the appropriate Minister to be registered in such register in respect of additional premises and upon receipt of such application the appropriate Minister shall, subject to the provisions of this section, register such person in such register in respect of such additional premises.

(2) The appropriate Minister may refuse to register an applicant for registration in any register kept by him in respect of additional premises (not being premises attached to or adjoining premises in respect of which such applicant is already registered in such register) on any of the grounds on which he would be authorised by the immediately preceding section to refuse to register such applicant, if such application were an original application by such applicant for registration in such register in respect of such additional premises.

51 Fees on applications for registration and additional registration in the registers of wheat dealers and maize millers.

51.—(1) Subject to the provisions of this section there shall be paid to the Minister for Agriculture by the applicant on every original application for registration in the register of wheat dealers or the register of maize millers, a fee of one pound and where such applicant applies for registration in such register in respect of more than one set of premises an additional fee of one pound in respect of every set of premises over and above one set.

(2) For the purposes of the immediately preceding sub-section an application for registration in respect of additional premises under the immediately preceding section shall be deemed an original application for registration of the applicant.

(3) No fee shall be payable under sub-section (1) of this section on an original application for registration in the register of maize millers in respect of any premises where the applicant was bona-fide engaged in the business of milling maize at such premises during any part of the period commencing on the 1st day of January, 1929, and ending on the 19th day of October, 1932, and the application is made not later than one month after the date of the commencement of this Part of this Act.

52 Statement of grounds of refusal of application.

52.—Before refusing an application for registration in any register kept by him the appropriate Minister shall serve by registered post on the applicant a notice of such Minister's intention to refuse such application and of the reasons for such refusal and shall consider any representations made by the applicant within one fortnight after the service of such notice.

53 Certificates of registration.

53.—(1) The appropriate Minister shall on the application of any person who is registered in any register kept by him and upon payment to such Minister by such person of the fee of one shilling issue to such person a certificate of such registration.

(2) Whenever the appropriate Minister has issued to a person who is registered in any register kept by that Minister a certificate of such registration and such person ceases to be registered in such register, the person to whom such certificate was issued shall within three days or (where such person is dead) the personal representative of such person shall within one month after such death deliver to that Minister such certificate of registration.

(3) If any person who is required by the next preceding sub-section to deliver up a certificate of registration fails or neglects so to do in accordance with the said sub-section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds and to a further fine not exceeding five shillings for every day during which such offence is continued.

(4) An offence under this section in relation to a certificate issued under this section by the Minister for Industry and Commerce may be prosecuted by or at the suit of that Minister as prosecutor, and an offence under this section in relation to a certificate issued under this section by the Minister for Agriculture may be prosecuted by or at the suit of that Minister as prosecutor.

54 Change of registration on death or on transfer of business.

54.—(1) Where any person registered in any register kept dies the appropriate Minister shall, on the application of the personal representative of such person, insert in the said register the name of such personal representative in lieu of that such person.

(2) Where the ownership of any business carried on at premises entered in any register has been transferred to another person, the appropriate Minister shall on the application of such person delete the existing entry of such premises on such register and register such person in such register in respect of such premises.

55 Returns to be furnished by registered persons (other than wheat growers).

55.—(1) The Minister for Industry and Commerce may by order make regulations in relation to all or any of the following matters, that is to say:—

(a) the returns to be made to him by registered flour importers and registered distillers;

(b) the times at which such returns are to be made;

(c) the forms in which such returns are to be made.

(2) The Minister for Agriculture may by order make regulations in relation to all or any of the following matters, that is to say:—

(a) the returns to be made to him by registered wheat importers, registered wheat dealers, registered maize millers, registered maize importers and registered manufacturers of compound feeding stuffs;

(b) the times at which such returns are to be made;

(c) the forms in which such returns are to be made.

(3) Every person required by regulations made under this section to make any return who fails or refuses to make such return in accordance in all respects with such regulations shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

(4) An offence under this section by a registered flour importer or registered distiller may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.

(5) An offence under this section by a registered wheat importer, a registered wheat dealer, a registered maize miller, a registered maize importer, or a registered manufacturer of compound feeding stuffs may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

56 Returns by registered wheat growers.

56.—(1) Every registered wheat grower shall, not later than the 30th day of April or such earlier date (if any) as may be prescribed by the Minister for Agriculture in the year 1933, and every subsequent year send to that Minister a return of the area which he has sown under wheat since the next preceding 1st day of August, and every such statement shall be in the form prescribed by that Minister and shall contain the particulars prescribed by that Minister.

(2) In addition to the statements required by the foregoing sub-section, every registered wheat grower shall upon being served by the Minister for Agriculture with a notice send to that Minister within ten days after such service, a return giving such particulars in relation to any wheat sown by him as may be specified in such notice.

(3) If any registered wheat grower fails to comply with the provisions of this section or in any return made under this section makes any statement which is false or misleading in any material respect, such grower shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part III of the First Schedule to this Act.

(4) An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

(5) A notice under this section may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at his last known place of abode.

57 Records to be kept at registered premises.

57.—(1) It shall be the duty of every person registered in the register of flour importers or the register of distillers in respect of any premises to keep or cause to be kept at the appointed place in the form prescribed by the Minister for Industry and Commerce the following records, that is to say:—

(a) if such premises are entered in the register of flour importers, records of all wheaten flour and wheaten meal brought on to or dealt with at such premises and of all dispositions of such flour and meal; or

(b) if such premises are entered in the register of distillers, records of all home-grown millable wheat purchased by him and brought on to such premises and of all dispositions of such wheat;

and within twenty-four hours after such importations, purchases or dispositions to enter or cause to be entered in such records the particulars thereof prescribed by the Minister for Industry and Commerce.

(2) It shall be the duty of every person registered in the register of wheat importers, the register of wheat dealers, the register of maize millers, the register of maize importers, or the register of manufacturers of compound feeding stuffs in respect of any premises to keep or cause to be kept at the appointed place in the form prescribed by the Minister for Agriculture the following records, that is to say:—

(a) if such premises are entered in the register of wheat importers, records of all imported wheat brought on to or dealt with at such premises and of all dispositions of such wheat; or

(b) if such premises are entered in the register of wheat dealers, records of all home-grown millable wheat purchased by him and brought on to or dealt with at such premises and of all dispositions of such wheat; or

(c) if such premises are entered in the register of maize millers, records of all maize and home-grown cereals brought on to such premises, of the quantities of such maize and home-grown cereals milled on such premises into a maize meal mixture and of all dispositions of such maize meal mixture; or

(d) if such premises are entered in the register of maize importers, records of all maize brought on to or dealt with at such premises and of all dispositions of such maize; or

(e) if such premises are entered in the register of manufacturers of compound feeding stuffs, records of all raw materials used in the manufacture of compound feeding stuffs, of all compound feeding stuffs manufactured on such premises and of all dispositions of such feeding stuffs;

and within twenty-four hours after the completion of any such importations, purchases, millings, manufactures or dispositions to enter or cause to be entered in such records the particulars thereof prescribed by the Minister for Agriculture.

(3) Every record kept in pursuance of this section may be inspected at any time during office hours by, in case such record is kept by a registered flour importer or a registered distiller, any inspector of the Minister for Industry and Commerce or, in case such record is kept by a registered wheat importer, a registered wheat dealer, a registered maize miller, a registered maize importer or a registered manufacturer of compound feeding stuffs, any inspector of the Minister for Agriculture and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such inspector on demand such record and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available), reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such record.

(4) If any person liable under this section to keep a record in respect of any premises—

(a) fails to keep or cause to be kept at the appointed place such record as is required by this section, or

(b) fails to make or cause to be made in such record within the time fixed by this section any entry required by this section to be made therein, or

(c) fails to produce or cause to be produced for the inspection of an inspector on demand any record, document, or copy of a document which he is required by this section so to produce, or obstructs any such inspector in the making of such inspection, or

(d) wilfully or negligently makes or causes to be made in such record any entry which is false or misleading in any material particular,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.

(5) For the purposes of this section—

(a) inspection of a record or document shall include taking copies thereof or extracts therefrom; and

(b) a demand for an inspection of a record required by this section to be kept in respect of any premises or of any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or explaining any omission from such record shall be deemed to have been duly made to the person liable under this section to keep such record if such demand is made verbally at the appointed place to any individual in the employment of such person; and

(c) a refusal or failure to produce a record required by this section to be kept in respect of any premises or any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or any omission from such record if made or committed at the appointed place by an individual in the employment of the person liable under this section to produce such record or document shall be deemed to have been made or committed by such person; and

(d) the expression “the appointed place” in relation to any premises entered in the register of distillers or the register of maize millers or the register of manufacturers of compound feeding stuffs, means—

(i) in case the office work in connection with such premises is carried on at a building in the vicinity of but not forming part of such premises, such building, and

(ii) in any other case, the place at such premises where such office work is carried on; and

(e) the expression “the appointed place” in relation to any premises entered in the register of flour importers, the register of wheat importers, the register of wheat dealers, or the register of maize importers means—

(i) where such premises are used for the storage of flour, wheat or maize (as the case may be)—

I. in case the office work in connection with such premises is carried on at a building in the vicinity of but not forming part of such premises, such building, and

II. in any other case, the place in such premises where such office work is carried on, and

(ii) where such premises consist of offices only, such premises; and

(f) the expression “office hours” means—

(i) in relation to any day (not being a Sunday, a bank holiday, or a locally observed holiday or half-holiday), any time between the hours of ten o'clock in the morning and five o'clock in the afternoon during which business is being carried on or work is being done at the appointed place, and

(ii) in relation to any locally observed half-holiday, any time between the hours of ten o'clock in the morning and one o'clock in the afternoon during which business is being carried on or work is being done at the appointed place.

(6) An offence under this section, if committed by a registered flour importer, or a registered distiller, may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.

(7) An offence under this section, if committed by a registered wheat importer, a registered wheat dealer, a registered maize miller, a registered maize importer, or a registered manufacturer of compound feeding stuffs, may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

58 Custody of and evidence of contents of registers.

58.—(1) The registers shall respectively be—

(a) deemed to be in the proper custody when in the custody of the appropriate Minister or of any officer of that Minister authorised in that behalf by that Minister; and

(b) admissible in evidence without further proof on production from the proper custody.

(2) Prima facie evidence of any entry in any register may be given in any legal proceeding by the production of a copy of such entry certified to be a true copy under the seal of the appropriate Minister.

(3) A certificate under the seal of the appropriate Minister that any person specified in such certificate is not registered in any specified register or registers kept by that Minister shall in any legal proceeding be prima facie evidence of the facts so certified.

(4) Any person may—

(a) inspect any register on payment to the appropriate Minister of the fee of one shilling;

(b) obtain a copy, certified in manner hereinbefore mentioned to be a true copy, of any entry in any register on payment to the appropriate Minister of the fee of one shilling;

(c) obtain such certificate as is hereinbefore mentioned that any specified person is not registered in one of the said registers kept by the Minister for Industry and Commerce on payment to that Minister of the fee of one shilling;

(d) obtain such certificate as is hereinbefore mentioned that any specified person is not registered in one of the said registers kept by the Minister for Agriculture on payment to that Minister of the fee of one shilling.

59 Publication of contents of registers, etc.

59.—(1) The appropriate Minister may publish in such manner as he may think fit—

(a) all or any of the matters entered in any register kept by him; and

(b) notice of the cancellation or alteration by him of the registration of any person registered in a register kept by him.

(2) No individual return or part of a return furnished in pursuance of this Part of this Act shall be published or disclosed except for the purposes of a prosecution under this Act.

(3) The appropriate Minister may from time to time collect and publish such statistical information (including statistics derived from returns made to him pursuant to this Part of this Act) with respect to the extent of the businesses carried on by persons registered in any register kept by him as he may think fit.

(4) So far as is reasonably practicable, no statistical information published under the immediately preceding sub-section shall contain any particulars which would enable any person to identify such particulars as being particulars relating to any individual person, business or concern without the consent in writing of that person or of the proprietor of that business or concern.

60 Inspection of registered premises.

60.—(1) An inspector shall be entitled at all reasonable times to enter any premises entered in any register (other than the register of wheat growers) or the premises of any person who has made an application for registration in any such register in respect of such premises, and there do all or any of the following things, that is to say:—

(a) examine any wheat (whether imported or home-grown), flour, wheaten meal, maize, maize meal, home-grown cereals (other than wheat), offals or screenings of wheat or other cereals, maize meal mixture, raw materials for the manufacture of compound feeding stuffs or compound feeding stuff, found on such premises, and take reasonable samples of such wheat, flour, wheaten meal, maize, maize meal, home-grown cereals (other than wheat), offals or screenings of wheat or other cereals, maize meal mixture, raw materials for the manufacture of compound feeding stuffs or compound feeding stuff, and

(b) if such premises are not registered in the register of distillers or are not the subject of an application for registration in such register inspect all or any part of such premises and the equipment, appliances and fittings therein.

(2) Any inspector shall be entitled at all reasonable times to enter upon any premises entered in or the subject of an application for entry in the register of wheat growers and to inspect all or any part of such premises or the crop of wheat growing or grown thereon or the produce of such crop.

(3) Every person who shall obstruct or impede any inspector in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence, to a fine not exceeding five pounds or, in the case of a second or any subsequent offence, to a fine not exceeding ten pounds.

(4) An offence under this section if committed on premises entered in or the subject of an application for entry in the register of flour importers, or the register of distillers may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor, and if committed on any premises entered in or the subject of an application for entry in any other register may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

(5) In this section the expression “an inspector” means—

(a) in relation to premises entered in or the subject of an application for entry in the register of flour importers, or the register of distillers, an inspector of the Minister for Industry and Commerce, and

(b) in relation to premises entered in or the subject of an application for entry in any other register, an inspector of the Minister for Agriculture.

61 Alteration or cancellation of registration.

61.—(1) The appropriate Minister may, at any time, alter the registration of any person in any register kept by him upon the application of such person, or, in the case of an individual, his personal representative or, in the case of a body corporate, the liquidator.

(2) The appropriate Minister shall cancel the registration of any person in any register kept by him upon the application of such person or, in the case of an individual, his personal representative or, in the case of a body corporate, the liquidator.

(3) The appropriate Minister may at any time without such application as aforesaid alter any registration in any register kept by him in any respect in which such registration appears to him to be erroneous or misleading.

(4) The appropriate Minister may at any time without any such application as aforesaid cancel any registration in any register kept by him if—

(a) he is satisfied that the registration was procured through fraud or by misrepresentation; or

(b) the person registered in such register has ceased to carry on the business in respect of which he was so registered; or

(c) the person registered in such register, if an individual, has died, or, if a body corporate, has been dissolved and no other person has within three months after such death or dissolution, been registered in the place of the registered person so dead or dissolved; or

(d) the person registered in such register has been adjudicated a bankrupt; or

(e) the person registered in such register has been convicted of an offence under this Act.

(5) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any person, the appropriate Minister shall give at least one month's notice in writing to such person or his personal representative (if any) or its liquidator (as the case may be) stating his intention so to alter or cancel such registration and the reasons therefor, and whenever any such notice is so given the following provisions shall have effect, that is to say:—

(a) that Minister shall not alter or cancel such registration until the expiration of such notice; and

(b) where any representations are made before the expiration of such notice by the person to whom such notice is given, the following provisions shall have effect, that is to say:—

(i) that Minister shall consider such representations, and

(ii) unless as a result of such consideration he decides not to alter or cancel such registration, that Minister, in case such person, before such expiration, requests that an inquiry be held in relation to the matter, shall or, in any other case if he thinks fit so to do, may cause such inquiry to be held, and

(iii) where that Minister causes any such inquiry to be held, he shall not alter or cancel such registration until such inquiry has concluded.

(6) A notice of the appropriate Minister's intention to cancel or alter a registration may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at his last known place of abode.

62 Prohibition of carrying on businesses of purchasing home-grown wheat for re-sale, maize milling, and manufacturing compound feeding stuffs by unregistered persons.

62.—(1) It shall not be lawful for any person to carry on the business of purchasing home-grown wheat for re-sale unless—

(a) such person is a registered wheat dealer, and

(b) such business is carried on at premises in respect of which such person is registered in the register of wheat dealers.

(2) It shall not be lawful for any person to mill maize unless either—

(a) (i) such person is a registered maize miller, and

(ii) such maize is milled at premises in respect of which such person is registered in the register of maize millers; or

(b) such person is the Minister for Agriculture; or

(c) such maize is milled under and in accordance with a licence granted under this section.

(3) The Minister for Agriculture may by licence authorise any person who is not a registered maize miller subject to compliance with such conditions as he thinks fit to impose to mill at any premises specified in such licence maize either, as the said Minister thinks proper, without limit as to time or quantity or either of them or within a specified time or in a specified quantity.

(4) It shall not be lawful for any person to manufacture any compound feeding stuff unless—

(a) such person is a registered manufacturer of compound feeding stuffs; and

(b) such compound feeding stuff is manufactured—

(i) under and in accordance with a licence granted by the Minister for Agriculture under this section, and

(ii) at premises in respect of which such person is registered in the register of manufacturers of compound feeding stuffs.

(5) The Minister for Agriculture may, after consultation with the Minister for Industry and Commerce, grant to any registered manufacturer of compound feeding stuffs a licence authorising him, subject to such conditions as the Minister for Agriculture may think fit to impose, to manufacture any specified compound feeding stuff either, as the said Minister thinks proper, without limit as to time or quantity or either of them or within a specified time or in a specified quantity.

(6) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

(7) An offence under this section may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

(8) Nothing in this section shall be construed as affecting the operation of the Control of Manufactures Act, 1932 (No. 21 of 1932).

PART V. Bounties on Home-Grown Millable Wheat and Restrictions on Sale of Imported Wheat and Re-Sale of Home-Grown Millable Wheat.

63 “The Minister” in Part V.

63.—In this Part of this Act the expression “the Minister” means the Minister for Agriculture.

64 Regulations under Part V.

64.—The Minister may by order make regulations in relation to any matter or thing referred to in this Part of this Act as prescribed or to be prescribed.

65 Prosecution of offences under Part V.

65.—An offence under any section in this Part of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

66 Sale (wheat) seasons.

66.—For the purposes of this Part of this Act each of the following periods in every cereal year shall be a sale (wheat) season, that is to say:—

(a) the period commencing on the 1st day of August and ending on the 15th day of December in such cereal year;

(b) the period commencing on the 15th day of January and ending on the 15th day of April in such cereal year;

(c) the period commencing on the 1st day of May and ending on the 31st day of July in such cereal year.

67 Standard price of home-grown millable wheat.

67.—(1) For the purposes of this Part of this Act the standard price per barrel for home-grown millable wheat for the several sale (wheat) seasons set out in the first column of the Second Schedule to this Act shall, subject to the provisions of this section, be the price per barrel set out in the second column of the said Schedule opposite the mention of such sale (wheat) season.

(2) The Executive Council shall from time to time by order fix for the purposes of this Part of this Act in respect of every sale (wheat) season (other than the sale (wheat) seasons set out in the Second Schedule to this Act) the price per barrel for homegrown millable wheat and whenever any such order is made the price per barrel fixed by such order shall, subject to the provisions of this section, be for the purposes of this Part of this Act, the standard price per barrel for home-grown millable wheat in respect of every sale (wheat) season to which such order relates and where any such order relates to two or more sale (wheat) seasons different standard prices may be fixed in respect of different sale (wheat) seasons.