MILK (REGULATION OF SUPPLY AND PRICE) (AMENDMENT) ACT, 1941

AN ACT TO AMEND AND EXTEND THE MILK (REGULATION OF SUPPLY AND PRICE) ACT, 1936. [3rd June, 1941.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Interpretation.

1.—(1) In this Act the expression “the Principal Act” means the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936).

• (2) This Act shall be construed as one with the Principal Act, and accordingly every expression and word to which a particular meaning is given by the Principal Act for the purposes of that Act shall, in and for the purposes of this Act, have the meaning so given.

• (3) References in this Act to any provision of the Principal Act which is amended by this Act shall in this Act be construed as references to that provision as so amended.

2 Construction of references in the Principal Act and this Act to the sale of milk.

2.—References in the Principal Act and this Act to the sale of milk shall be construed as not including references to—

• (a) any milk which—

• (i) is sold by a person who is not registered in a register kept by a board, and

• (ii) is sold otherwise than for human consumption in the form of milk, or

• (b) any milk of his own production sold by a person who does not in any one day sell more than two gallons of such milk, or

• (c) any milk supplied by an employer to an employee, in pursuance of the terms of a contract of service which provides that milk is to be supplied free to the employee, or

• (d) any milk sold to a person who is the registered proprietor, within the meaning of the Dairy Produce Acts, 1924 to 1941, of premises registered under the said Acts, or the holder of a licence from the Minister under the Creamery Act, 1928 (No. 26 of 1928), or

• (e) any milk which—

• (i) is sold by a person who is not registered in a register kept by a board, and

• (ii) is sold for consumption on the premises of such person.

3 Amendment of section 6 of the Principal Act.

3.—(1) Section 6 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

• (a) by the deletion in paragraph (b) of sub-section (1) of the said section of the words “which may or may not include the whole or any” now contained therein and the substitution therefor of the words “which shall either be co-terminous with or include a”, and

• (b) by the deletion in paragraph (d) of sub-section (1) of the said section of the words “a retailer and a wholesaler respectively” now contained therein and the substitution therefor of the words “a wholesaler”, and

• (c) by the insertion in paragraph (e) of sub-section (1) of the said section of the following clause in lieu of clause (ii) now contained therein, that is to say:—

• “(ii) such board shall consist of a specified number of producer members and a specified number of retailer members,” and

• (d) by the deletion in sub-section (4) of the said section of the words “the expression ‘retailer’ when used in relation to a sale district means a person who is a retailer as defined in the milk (joint district) order which relates to such sale district;”.

• (2) So much of sub-section (4) of section 6 of the Principal Act as defines the expressions “the associated sale district” and “the associated production district” is hereby repealed, and in lieu thereof it is hereby enacted that in the Principal Act and this Act—

• (a) the expression “the associated sale district” shall mean—

• (i) when used in relation to a production district, the sale district which is co-terminous with or forms part of such production district, and

• (ii) when used in relation to a joint district, the sale district which is co-terminous with or forms part of such joint district,

• (b) the expression “the associated production district” shall mean—

• (i) when used in relation to a sale district, the production district which is co-terminous with or includes such sale district,

• (ii) when used in relation to a joint district, the production district which is co-terminous with such joint district.

• (3) Whenever the Minister makes an order (in this sub-section referred to as the revocation order) under sub-section (3) of section 6 of the Principal Act, revoking a milk (joint district) order, the Minister shall by the revocation order fix the date on which it is to come into operation and the date so fixed shall not be earlier than the fourteenth day after the date on which the revocation order is made.

4 Provisions consequential on an order revoking a milk (joint district) order.

4.—Whenever the Minister makes, under sub-section (3) of section 6 of the Principal Act, an order (in this section referred to as the revocation order) revoking a milk (joint district) order, the following provisions shall have effect, that is to say:—

• (a) the board (in this sub-section referred to as the abolished board) for the joint (sale and supply) district to which such milk (joint district) order relates shall, on the day (in this section referred to as the dissolution date) on which the revocation order comes into operation, be dissolved and cease to exist;

• (b) the areas declared by such milk (joint district) order to be respectively a sale district, a production district and a joint (sale and supply) district for the purposes of Part II of the Principal Act shall, on the dissolution date, cease to be a sale district, a production district and a joint (sale and supply) district respectively for the said purposes;

• (c) the persons who were, immediately before the dissolution date, registered in the register of producers, the registers of retailers, and the registers of wholesalers (if any) kept by the abolished board shall on the dissolution date cease to be registered producers, registered retailers and registered wholesalers for the purposes of Part II of the Principal Act;

• (d) all property, whether real or personal (including choses-in-action), which immediately before the dissolution date was vested in or belonged to the abolished board and all rights, powers, and privileges relating to or connected with such property shall, on the dissolution date and without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested or the property of the Minister for all the estate, term, or interest for which the same immediately before the dissolution date was vested in or belonged to the abolished board;

• (e) all property transferred by paragraph (d) of this section, which immediately before the dissolution date, was standing in the books of any bank or is registered in the books of any bank, corporation, or company, shall, upon the request of the Minister made on or after the dissolution date, be transferred in such books by such bank, corporation or company into the name of the Minister;

• (f) on and after the dissolution date, every chose-in-action transferred by paragraph (d) of this section to the Minister may be sued upon, recovered or enforced by the Minister in his corporate name, and it shall not be necessary for the Minister to give notice to the person bound by such chose-in-action of the transfer effected by the said paragraph (d);

• (g) every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the dissolution date is owing and unpaid or has been incurred and is undischarged by the abolished board shall, on the dissolution date, become and be the debt of the Minister and shall be paid or discharged by and may be recovered from or enforced against the Minister accordingly;

• (h) in every action, suit or proceeding which is pending on the dissolution date in any court and to which the abolished board is a party, the Minister shall on the dissolution date become and be a party in the place of the abolished board and such proceeding shall be continued between the Minister and the other parties thereto accordingly and-no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of the abolished board;

• (i) all books and other documents directed or authorised by or under the Principal Act to be kept or made by the abolished board and which immediately before the dissolution date, would be receivable in evidence shall, notwithstanding the dissolution of the abolished board, be admitted in evidence as fully as if the abolished board had not been dissolved;

• (j) any levy payable under sub-section (1) or sub-section (2) of section 41 of the Principal Act to the abolished board for any accounting period in respect of the abolished board ending before the dissolution date shall, if not paid before the dissolution date to the abolished board, be payable to the Minister, and for the purposes of enabling such levy to be assessed and collected, the following provisions shall have effect, that is to say:—

• (i) the foregoing paragraphs of this section shall be deemed not to have been enacted,

• (ii) in the application of the said section 41 to the abolished board, every mention of or reference to the board for a joint district in the said section 41 shall, on and after the dissolution date,—

• (I) in relation to anything done under such section before the dissolution date, be construed as a mention of or a reference to the abolished board,

• (II) in relation to anything done or required or permitted to be done under the said section on or after the dissolution date, be construed and have effect as a mention of or a reference to the Minister;

• (k) the Minister shall convert into money any property (other than money) transferred to him by this section, and may for this purpose sell any such property;

• (l) the Minister may surrender any land, held under lease or a tenancy, transferred to him by this section;

• (m) any moneys representing property transferred to the Minister by this section remaining in the hands of the Minister, after discharging the liabilities transferred to him by this section and any expenses incurred under this section shall be applied by the Minister, after consultation with the Minister for Finance, in such manner as he thinks fit for the purposes of agriculture and other rural industries within or in connection with the area comprised in the production district to which such milk (joint district) order relates.

5 Publication of milk (joint district) orders.

5.—Whenever the Minister makes an Order under section 6 of the Principal Act he shall publish notice of the making of such order in the Iris Oifigiúil.

6 Amendment of section 12 of the Principal Act.

6.—Sub-section (1) of section 12 of the Principal Act is hereby amended by the deletion in paragraphs (b) and (c) of the said sub-section of the words “from amongst their number”, and the said sub-section shall be construed and have effect accordingly.

7 Amendment of section 14 of the Principal Act.

7.—Paragraph (b) of sub-section (1) of section 14 of the Principal Act is hereby amended by the deletion of words “until the day following” now contained therein and the substitution for the words so deleted of the words “until the expiration of” and the said sub-section shall be construed and have effect accordingly.

8 Provisions in relation to election of ordinary members.

8.—(1) Where a person, who is entitled to vote at an election of producer members of a board, is registered in respect of more than one premises in the register of producers kept by such board, such person shall be entitled to one vote only at such election.

• (2) Where a person, who is entitled to vote at an election of retailer members of a board, is registered in respect of more than one premises in the register of retailers kept by such board, such person shall be entitled to one vote only at such election.

• (3) Where a person, who is entitled to vote at an election of wholesaler members of a board, is registered in respect of more than one premises in the register of wholesalers kept by such board, such person shall be entitled to one vote only at such election.

• (4) Where—

• (a) a person is elected an ordinary member of a board at an election (in this sub-section referred to as the first election) of a particular class of ordinary members of such board and

• (b) such person is nominated as a candidate at an election (in this sub-section referred to as the other election) of another class of ordinary members of such board held at the same time as the first election,

any votes cast for such person at the subsequent election shall be disregarded.

• (5) As soon as may be after an election of any class of ordinary members of a board for a joint district such board shall cause to be published in the Iris Oifigiúil the names of the persons elected at such election.

9 Amendment of section 15 of the Principal Act.

9.—Sub-section (2) of section 15 of the Principal Act is hereby amended by the deletion therefrom of all words from the words “or in case he is a retailer member” to the words “the register of wholesalers kept by such board”, and the said sub-section shall be construed and have effect accordingly.

10 Amendment of section 16 of the Principal Act.

10.—Sub-section (1) of section 16 of the Principal Act is hereby amended by the deletion therefrom of all words from the words “or, in case such ordinary member was a retailer member” to the words “the register of wholesalers kept by such board”, and the said sub-section shall be construed and have effect accordingly.

11 Amendment of section 17 of the Principal Act.

11.—Section 17 of the Principal Act is hereby amended by the deletion therefrom of all words from the words “or, in case such ordinary member was a retailer member” to the words “the register of wholesalers kept by such board”, and the said section shall be construed and have effect accordingly.

12 Amendment of section 31 of the Principal Act.

12.—Section 31 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

• (a) by the deletion in paragraph (b) of sub-section (1) of the said section of the words “ending on” now contained therein and the substitution for the words so deleted of the words “ending next before”, and

• (b) by the deletion in sub-section (2) of the said section of the words “of a retailer” now contained therein and the substitution for the words so deleted of the words “of selling milk”, and

• (c) by the deletion in sub-section (3) of the words “or proposes to carry on”, and

• (d) by the deletion in sub-section (4) of the said section of the words and figures “is registered in a register kept by a local authority in pursuance of the Contagious Diseases (Animals) Acts, 1878 and 1886 or”.

13 Registration in respect of temporary pasturage.

13.—Where a person who is registered in respect of any premises in the register of producers kept by a board for a joint district takes temporarily any land in such joint district for pasturage, such person may notify such board of the taking of such land by him and thereupon any milk produced on such land shall be deemed, for the purposes of the Principal Act, to have been produced on such premises.

14 Amendment of section 33 of the Principal Act.

14.—Sub-section (1) of section 33 of the Principal Act is hereby amended by the deletion of the words “who is entitled” now contained therein, and the substitution therefor of the words “who satisfies such board that he is entitled”, and the said sub-section shall be construed and have effect accordingly.

15 Right to registration in register of producers kept by the Dublin Milk Board, and restriction on sale of milk by persons registered under this section.

15.—(1) Any person who—

• (a) is the owner of premises which are situate outside the Dublin Production District and are registered in any of the registers kept under the Dairy Produce Act, 1924 (No. 58 of 1924), and

• (b) is certified by the Minister to have, during the period commencing on the 18th day of November, 1939, and ending on the 2nd day of December, 1939, complied with any direction given by the Minister or any person authorised by the Minister, to deliver milk for re-sale in the Dublin Sale District, and

• (c) is, at the date of the passing of this Act, or becomes, not later than two months after the said date, registered in respect of such premises in the register of dairymen kept by a sanitary authority in pursuance of Part II of the Milk and Dairies Act, 1935 (No. 22 of 1935),

may apply to the board for the joint district which includes the Dublin Sale District to be registered in the register of producers in respect of such premises, and on receipt of such application such board shall enter in the said register of producers the name and address of the applicant and particulars of such premises.

• (2) It shall not be lawful for any person, who is registered, in pursuance of sub-section (1) of this section, in the register of producers kept by the board for the joint district which includes the Dublin Sale District, to sell, in the Dublin Sale District, in any period of twelve months commencing on the date on which such person was so registered or commencing on any anniversary of that date, a quantity of milk exceeding the quantity fixed by the Minister in respect of that person.

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

• (4) In this section—

the expression “the Dublin Production District” means the area consisting of the county borough of Dublin, and the administrative counties of Dublin, Wicklow, Kildare, Meath and Louth;

the expression “the Dublin Sale District” means the area consisting of the county borough of Dublin, the administrative county of Dublin and the urban district of Bray.

16 Amendment of section 35 of the Principal Act.

16.—Paragraph (d) of sub-section (4) of section 35 of the Principal Act is hereby amended by the deletion of the words “between the hours of ten o'clock in the morning and five o'clock in the afternoon”, and the said section shall be construed and have effect accordingly.

17 Amendment of section 37 of the Principal Act.

17.—Sub-section (1) of section 37 of the Principal Act is hereby amended in the following respects and the said section shall be construed and have effect accordingly, that is to say:—

• (a) by the insertion in paragraph (b) of the said sub-section of the words “and open” after the word “examine”; and

• (b) by the insertion at the end of the said sub-section of the following paragraph, that is to say:—

• “(d) to take without payment, from any milk tankard or other receptacle, containing milk, separated milk or buttermilk, found in the course of the exercise of any of the powers conferred by this section, a sample not exceeding one pint.”.

18 Amendment of section 39 of the Principal Act.

18.—Sub-section (3) of section 39 of the Principal Act is hereby amended by the insertion therein of the following paragraph in lieu of paragraph (f) now contained therein, and the said section shall be construed and have effect accordingly, that is to say:—

• “(f) the premises have ceased to be registered in the register of dairymen kept by a sanitary authority in pursuance of Part II of the Milk and Dairies Act, 1935 (No. 22 of 1935).”

19 Amendment of section 41 of the Principal Act.

19.—(1) Section 41 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

• (a) by the insertion in sub-section (1) of the said section of the following paragraph in lieu of paragraph (a) now contained therein, that is to say:—

• “(a) send by post to such board not later than seven days after the expiration of such accounting period a return in the prescribed form showing—

  • (i) the quantity of milk produced by him within the associated production district, and

  • (ii) the quantity of milk sold by him within the associated sale district during such period to—

    • (I) any person, other than a person registered in the register of retailers or the register of wholesalers kept by such board, and

    • (II) any person registered in either or in both of such registers, and”;

• (b) by the insertion in paragraph (b) of the said sub-section (1) of the words “within the associated sale district” before the words “during such accounting period”;

• (c) by the insertion in sub-section (2) of the said section of the following paragraph in lieu of paragraph (a) now contained therein, that is to say:—

• “(a) send by post to such board not later than seven days after the expiration of such accounting period a return in the prescribed form showing the quantity of milk which during such accounting period was—

  • (i) acquired by him from any person registered in the register of producers kept by such board, and

  • (ii) acquired by him from any person other than a person registered in such register of producers, and”;

• (d) by the deletion in paragraph (b) of sub-section (2) of the said section of the words “produced and sold by him or”;

• (e) by the insertion in paragraph (b) of sub-section (3) of the said section of the word “acquired” in lieu of the words “produced or purchased”;

• (f) by the insertion in sub-section (5) of the said section of the words “and shall after the expiration of seven days from such service” in lieu of the words “within seven days after such service of such certificate and shall at the expiration of such seven days”;

• (g) by the insertion in sub-section (8) of the said section of the words “in a letter” after the words “by post”.

• (2) Sub-sections (6) and (7) of section 41 of the Principal Act are hereby repealed.

20 Supplemental certificates of indebtedness.

20.—(1) Where—

• (a) the board for a joint district make in respect of any person under sub-section (3) of section 41 of the Principal Act, a certificate of indebtedness certifying the amount of the levy payable by such person under sub-section (1) of the said section 41 for a particular accounting period in respect of such board, and

• (b) such board subsequently ascertain that the amount (in this sub-section referred to as the actual amount) of the levy payable by such person under the said sub-section (1) for such accounting period is greater than the amount (in this sub-section referred to as the certified amount) certified in such certificate of indebtedness,

such board may make, in respect of such person, a certificate (in this Act referred to as supplemental certificate of indebtedness) certifying that, in addition to the certified amount, there is due by such person for levy under the said sub-section (1), for such accounting period, a sum equal to the difference between the actual amount and the certified amount.

• (2) Where—

• (a) the board for a joint district make in respect of any person under sub-section (3) of section 41 of the Principal Act, a certificate of indebtedness certifying the amount of the levy payable by such person under sub-section (2) of the said section 41 for a particular accounting period in respect of such board, and

• (b) such board subsequently ascertain that the amount (in this sub-section referred to as the actual amount) of the levy payable by such person under the said sub-section (2) for such accounting period is greater than the amount (in this sub-section referred to as the certified amount) certified in such certificate of indebtedness,

such board may make, in respect of such person a certificate (in this Act also referred to as supplemental certificate of indebtedness) certifying that, in addition to the certified amount, there is due by such person for levy under the said sub-section (2), for such accounting period, a sum equal to the difference between the actual amount and the certified amount.

• (3) Every supplemental certificate of indebtedness shall be prima facie evidence of all matters purporting to be certified therein, and any document purporting to be a supplemental certificate of indebtedness issued under this section shall, on production in any proceedings to recover the amount thereby certified to be payable, be deemed, until the contrary is proved, to be a supplemental certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly.

• (4) Whenever the board for a joint district makes a supplemental certificate of indebtedness, such board shall cause a copy of such certificate to be served on the person to whom such certificate relates, and thereupon the amount of the sum stated in such certificate to be due shall become and be payable by such person to such board and shall, after the expiration of seven days from such service, be recoverable by such board from such person as a simple contract debt in any court of competent jurisdiction.

• (5) Service of a copy of a supplemental certificate made under this section may be made by delivering it to the person to whom it relates or by sending it by post in a letter addressed to such person at any place where he carries on business.

21 Cancellation of registration in default of payment of levies.

21.—(1) If any person, registered in any register kept by the board for a joint district and upon whom either a copy of a certificate of indebtedness has been served under section 41 of the Principal Act or a copy of a supplemental certificate of indebtedness has been served under the immediately preceding section of this Act, fails to pay to such board within twenty-eight days after such service the amount certified to be due by such certificate of indebtedness or such supplemental certificate of indebtedness, such board may cancel the registration of such person in such register, but such cancellation shall not relieve such person from the obligation to pay the said amount.

• (2) Whenever the registration of any person in any register kept by the board for a joint district has been cancelled under this section on account of the non-payment of any sum payable by such person to such board, such board shall, if such sum is paid by such person within one month after the date of such cancellation, restore the registration of such person as on and from the date on which such sum is so paid.

• (3) Sub-section (4) of section 39 of the Principal Act shall apply in respect of any cancellation of registration under this section.

22 Amendment of section 43 of the Principal Act.

22.—(1) Notwithstanding anything contained in sub-section (1) of section 43 of the Principal Act, the Minister may on his own motion and notwithstanding that a determination (other than a first determination) of the board for a joint district has not been made under section 42 of the Principal Act or that such determination has not been communicated to him, do in respect of such joint district any of the things mentioned in paragraph (b) of the said sub-section (1).

• (2) For the purposes of an order made by the Minister under section 43 of the Principal Act fixing the minimum prices of milk by reference (amongst other things) to the distance by road between two places, a certificate purporting to be signed and issued by an officer of the Ordnance Survey and to certify the distance by road between such places shall be conclusive evidence (without proof of the signature of such officer or that he was such officer) of such distance.

• (3) Sub-section (4) of section 43 of the Principal Act is hereby amended by the substitution of the word “sub-section” for the word “section” and the said sub-section (4) shall be construed and have effect accordingly.

• (4) Section 43 of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (5) now contained therein, and the said section shall be construed and have effect accordingly, that is to say:—

• “(5) If any person (in this sub-section referred to as the vendor) who is a registered retailer or a registered wholesaler in respect of a joint district sells milk to another person (in this sub-section referred to as the purchaser) who is a registered retailer or a registered wholesaler in respect of such district at a price less than the price which would, if the vendor were a registered producer in respect of such district, be the appropriate statutory minimum price, each of them, the vendor and the purchaser, shall be severally guilty of an offence under this sub-section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to this Act.”.

• (5) Section 43 of the Principal Act is hereby amended by the insertion therein of the following two additional sub-sections and the said section shall be construed and have effect accordingly, that is to say:—

• “(6) If any person being a registered producer in respect of a joint district attempts to sell any milk to any other person being a registered retailer or a registered wholesaler in respect of such district at a price less than the appropriate statutory minimum price such first-mentioned person shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to this Act.

• (7) If any person (in this sub-section referred to as the vendor) who is a registered retailer or a registered wholesaler in respect of a joint district attempts to sell any milk to another person who is a registered retailer or a registered wholesaler in respect of such district at a price less than the price which would, if the vendor were a registered producer in respect of such district, be the appropriate statutory minimum price, the vendor shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to this Act.”

23 Restriction on rebates.

23.—If any person (in this section referred to as the vendor) who is a registered producer in respect of a joint district makes to another person, (in this section referred to as the purchaser), who is a registered retailer or a registered wholesaler in respect of such district and to whom the vendor has sold milk, any payment, by way of rebate, refund, discount or allowance howsoever in relation to the sale of such milk, which would have the effect of reducing the price of such milk below the appropriate statutory minimum price, each of them, the vendor and the purchaser, shall be severally guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to the Principal Act.

24 Amendment of section 44 of the Principal Act.

24.—Sub-section (1) of section 44 of the Principal Act is hereby amended by the insertion therein of the following paragraph in lieu of paragraph (b) now contained therein, and the said section shall be construed and have effect accordingly, that is to say:—

• “(b) the purchaser is a registered retailer or registered wholesaler in respect of such joint district and is authorised to purchase such milk under a licence granted by such board under section 48 of this Act, or”.

25 Restriction on acquisition of milk for resale in sale districts.

25.—(1) It shall not be lawful for any person, other than a registered retailer or a registered wholesaler in respect of a joint district, to acquire for resale in the associated sale district any milk unless such milk is acquired under a licence granted by the board for such joint district under this section.

• (2) It shall not be lawful for any registered retailer or registered wholesaler in respect of a joint district to acquire for resale in the associated sale district any milk from any person unless—

• (a) such person is a registered producer, a registered retailer or a registered wholesaler in respect of such joint district, or

• (b) such milk is acquired under a licence granted by the board for such joint district under section 48 of the Principal Act.

• (3) 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 to the penalties mentioned in the Schedule to the Principal Act.

• (4) Where a person (not being a person registered in a register kept by a board) sells milk for consumption on the premises on which it is sold and not elsewhere, any milk acquired by such person and brought on to such premises shall be deemed, for the purposes of sub-section (1) of this section, not to have been acquired by him for resale.

• (5) The board for a joint district may, whenever it thinks fit, grant to any person, other than a registered retailer or a registered wholesaler in respect of such district, a licence authorising such person to acquire milk for resale in the associated sale district and may attach to any such licence such conditions as the board thinks fit.

• (6) The provisions of this section shall as respects any joint district established by a milk (joint district) order made after the passing of this Act not come into operation until the day appointed to be the appointed day in respect of such joint district by such order.

• (7) Section 45 of the Principal Act is hereby repealed.

• (8) Where a registered retailer or a registered wholesaler in respect of a joint district is convicted of an offence under this section, such registered retailer or registered wholesaler shall, for the purposes of section 39 of the Principal Act, be deemed to have been convicted of an offence under the Principal Act, and the said section 39 shall apply and have effect accordingly.

26 Restriction on sale of milk in associated sale districts by owners of registered creameries, etc.

26.—(1) It shall not be lawful for any person to whom this section applies who is registered in the register of producers kept by the board for a joint district to sell in the associated sale district in any sale year a quantity of milk exceeding the quantity of milk sold by such person in the area included in such associated sale district in whichever one of the standard years such person sold in such area the greatest quantity of milk.

• (2) If any person acts in contravention of sub-section (1) of this section such person shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to the Principal Act.

• (3) The board for a joint district may serve on any person to whom this section applies who is registered in the register of producers kept by such board a notice requiring such person to make to such board not later than fourteen days after the service of such notice a return showing the quantity of milk sold by such person in each of the standard years in the area included in the associated sale district.

A notice under this sub-section to any person may be served by sending a copy thereof in a letter addressed to such person at the place where such person carries on business.

• (4) If any person upon whom a notice is served by a board under sub-section (3) of this section fails or refuses to make a return in accordance with such notice or makes in any such return any statement which is false or misleading in any material respect, such person shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (5) This section applies to every person who is the owner of premises registered in any of the registers kept under the Dairy Produce Act, 1924 (No. 58 of 1924).

• (6) In this section—

the expression “sale year” when used in relation to a person to whom this section applies means—

• (a) in case such person is at the date of the passing of this Act registered in the register of producers kept by the board for a joint district, a period of twelve months commencing on the date of the passing of this Act or on any anniversary of that date,

• (b) in case such person is subsequent to the passing of this Act registered in the register of producers kept by the board for a joint district, a period of twelve months commencing on the date of such registration or on any anniversary of that date;

the expression “the standard years” means—-

• (a) in relation to a person who is at the date of the passing of this Act registered in the register of producers kept by the board for a joint district, the years 1937, 1938 and 1939,

• (b) in relation to a person who is subsequent to the passing of this Act registered in the register of producers kept by the board for a joint district, the three years immediately preceding such registration,

• (7) Where a person to whom this section applies who is registered in a register of producers kept by the board for a joint district is convicted of an offence under sub-section (2) or sub-section (4) of this section, such person shall, for the purposes of section 39 of the Principal Act, be deemed to have been convicted of an offence under the Principal Act, and the said section 39 shall apply and have effect accordingly.

27 Amendment of section 47 of the Principal Act.

27.—Sub-section (4) of section 47 of the Principal Act is hereby amended by the insertion therein of the following paragraphs in lieu of paragraphs (c), (d), (e) and (f) now contained therein and the said sub-section shall be construed and have effect accordingly, that is to say:—

• “(c) upon such execution the original and the counter-part and a copy of such contract shall be sent by the purchaser under such contract to the chairman of the board for such joint district;

• (d) on receipt of the said documents, the said chairman shall approve of such contract if, but only if, the quantity of milk to be delivered thereunder is specified in terms of either daily or weekly deliveries;

• (e) where the said chairman does not approve of such contract he shall notify the parties thereto and return the said documents to the purchaser under such contract;

• (f) where the chairman approves of such contract he shall—

  • (i) cause the seal of such board to be affixed to the original and the counterpart,

  • (ii) return the original to the purchaser under such contract and the counterpart to the vendor under such contract,

  • (iii) retain the copy of such contract;

• (g) the sealing with the said seal of the original and the counterpart shall be conclusive evidence that such contract has been approved by the said chairman.”

28 Provision for yearly contracts.

28.—(1) The Minister may, whenever and so often as he thinks fit, make in any year an order declaring that sub-section (3) of this section shall come into force in respect of a joint district on a specified date (being a date subsequent to the making of such order and not later than the 1st day of September in such year).

• (2) The Minister may at any time revoke an order made under sub-section (1) of this section.

• (3) Whenever an order is made under sub-section (1) of this section in any year declaring that sub-section (3) of this section shall come into force in respect of a joint district on a specified date (in this sub-section referred to as the appointed date), the following provisions shall, so long as such order is in force have effect, that is to say:—

• (a) any contract for the sale of milk made between a registered producer in respect of such district and a registered retailer or a registered wholesaler in respect of such district which has been approved under section 47 of the Principal Act by the chairman of the board for such joint district before the appointed date shall, if it provides for the delivery of milk thereunder after the 30th day of September in such year, be construed and have effect as if it provided that the period during which milk was deliverable thereunder should expire on the said 30th day of September;

• (b) a contract for the sale of milk made between a registered producer in respect of such district and a registered retailer or a registered wholesaler in respect of such district which provides for the delivery of any milk thereunder after the 30th day of September in such year shall not, except with the consent of the Minister, be approved under the said section 47 by the said chairman on or after the appointed date, unless it is for a period of twelve months commencing on the 1st day of October in such year or some subsequent year.

29 Suspension of operation of certain provisions of the Principal Act and this Act.

29.—(1) The Minister may, whenever and so often as he thinks fit, by order under this sub-section suspend the operation of or amend (in such manner as he thinks fit) any one or more of the appointed enactments, and whenever any order is made under this section and is in force the appointed enactment or enactments specified in such order shall cease to be in force or be amended in accordance with the terms of such order.

• (2) The Minister may by order under this sub-section revoke any order made under sub-section (1) of this section.

• (3) Each of the following shall be an appointed enactment for the purposes of this section, that is to say:—

• (a) sub-section (4) of section 43 of the Principal Act,

• (b) sub-section (5) of section 43 of the Principal Act,

• (c) section 44 of the Principal Act,

• (d) section 25 (which relates to restriction on acquisition of milk for resale in sale districts) of this Act,

30 Prosecution of offences under the Principal Act and this Act.

30.—(1) Where an offence under any section or sub-section contained in Part II of the Principal Act or in this Act is committed in a joint district, such offence may be prosecuted by or at the suit of the board for such district as prosecutor.

• (2) Section 49 of the Principal Act is hereby repealed.

31 Amendment of section 51 of the Principal Act.

31.—Section 51 of the Principal Act is hereby amended by the deletion of the words “consumption of milk in the associated sale district” now contained therein and the substitution therefor of the words “utilisation of milk produced in the associated production district” and the said section shall be construed and have effect accordingly.

32 Licences to sell and acquire for resale milk in sale districts.

32.—(1) The Minister may at any time issue a licence to any person registered in a register of dairymen kept in pursuance of Part II of the Milk and Dairies Act, 1935 (No. 22 of 1935), to sell or acquire for resale, in a sale district, milk.

• (2) Whenever a licence is issued to any person under this section, it shall be lawful for such person, notwithstanding anything contained in the Principal Act or this Act, to sell or acquire for resale any milk in accordance with such licence.

• (3) The Minister may attach to any licence issued under this section such conditions as he thinks fit and may at any time revoke any such licence.

33 Evidence.

33.—(1) A certificate purporting to be under the hand of the secretary of a board certifying that a person named in such certificate was during a specified period registered in a particular register kept by such board under the Principal Act or was not so registered shall be prima facie evidence of the matters so certified, and no proof shall be required of the handwriting or official position of the person certifying the same.

• (2) In any proceedings under Part II of the Principal Act or this Act against a person who is or was a registered producer or a registered retailer or a registered wholesaler, prima facie evidence of all or any matters contained in a return made by or on behalf of such person in pursuance of section 34 or section 41 of the Principal Act may be given by the production of such return.

34 Provisions in relation to regulations under the Principal Act.

34.—In making regulations in relation to any matter or thing referred to in the Principal Act as prescribed the Minister may make different regulations in respect of different joint districts and in respect of the boards for such districts.

35 Short title and collective citation.

35.—This Act may be cited as the Milk (Regulation of Supply and Price) (Amendment) Act, 1941, and the Principal Act and this Act may be cited together as the Milk (Regulation of Supply and Price) Acts, 1936 and 1941.