First Previous (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.) Next (PART VI. Restrictions on Sale of Maize, Maize Meal and Maize Meal Mixture.)

7 1933

AGRICULTURAL PRODUCE (CEREALS) ACT, 1933

PART V.

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

“The Minister” in Part V.

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

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.

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.

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.

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.

(3) Every order made under the immediately preceding sub-section shall be made not later than two years before the commencement of the sale (wheat) season to which it relates.

(4) The Executive Council may, at any time before the commencement or during the currency of a sale (wheat) season, by order under this sub-section increase the standard price per barrel for home-grown millable wheat fixed by or under the preceding provisions of this section in respect of such sale (wheat) season, and whenever any such order is made the standard price per barrel for home-grown millable wheat shall in respect of the sale (wheat) season to which such order relates be the standard price as so increased by such order.

(5) Every order made 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 making of a fresh order.

Sale (home-grown wheat) certificates.

68. —(1) Every certificate (in this Part of this Act referred to as a sale (home-grown wheat) certificate) required by this section to be used shall be in the following form:—

“AGRICULTURAL PRODUCE (CEREALS) ACT, 1933.

SALE (HOME-GROWN WHEAT) CERTIFICATE.

PART I.

I hereby certify as follows:—

(a) that on the_______day of_______I sold to_______ of_______wheat to the amount of_______barrels, of 20 stones each, and

(b) that the said wheat was harvested during the current cereal year and was the produce of a crop grown by_______ at the lands of_______ in the county of_______, and

(c) that the said lands were entered in the register of wheat growers during the period of three months next preceding the commencement of such cereal year, and

(d) that I was registered in the said register in respect of the said lands during the said period or that I am the personal representative (or liquidator) of the person who was registered in the said register in respect of the said lands during the said period or that I am the assignee of the said lands.

Signature of Vendor_______

Address of Vendor_______

Dated the_______day of_______19_______

PART II.

I hereby certify as follows:—

(a) that on the_______I purchased from_______of_______ millable home-grown wheat to the amount of _______barrels of 20 stones each, and

(b) that the said wheat has been duly delivered to me, and

(c) that the price paid by me for the said wheat was_______per barrel of 20 stones, and

(d) that I am the holder of a milling licence granted under Part II of the above mentioned Act in respect of the mill situate at_______or that I am entitled, by virtue of paragraph (b) or paragraph (c) of sub-section (1) of section 19 of the above mentioned Act, in my capacity as _______of_______who was or is the holder of a milling licence granted under Part II of the said Act in respect of the mill situate at_______to carry on the business of milling wheat at such mill, or that I am registered in the register of wheat dealers or that I am registered in the register of distillers, and

(e) that the said wheat has been or will be brought on to or dealt with at the following premises_______

Signature of Purchaser_______

Address of Purchaser_______

Dated this_______day of_______19_______”

(2) Whenever during any sale (wheat) season in a cereal year any home-grown millable wheat harvested during such cereal year and grown on premises entered in the register of wheat growers during the period of three months next preceding the commencement of such cereal year is sold to a person (in this section referred to as the purchaser) who is either the holder of a milling licence, a registered wheat dealer, or a registered distiller by a person (in this section referred to as the vendor) who is either the person (in this section referred to as the registered person) who was so registered in respect of such premises during such period or the personal representative or liquidator of the registered person or the assignee from the registered person or the personal representative of the registered person of such premises, the following provisions shall have effect, that is to say:—

(a) the vendor shall upon delivery to the purchaser of such wheat, furnish to the purchaser a form of sale (home-grown wheat) certificate having previously inserted inPart I of the said form the particulars indicated therein and appropriate to the transaction and signed the said Part I at foot thereof,

(b) the purchaser upon being furnished with the said form with Part I thereof duly completed in accordance with the immediately preceding paragraph and signed by the vendor shall do the following things, that is to say:—

(i) insert in Part II of the said form the particulars indicated in the said Part II and appropriate to the said transaction and sign the said Part II, at the foot thereof, and

(ii) send the said form to the Minister forthwith, and

(iii) deliver a copy thereof as completed by the vendor and the purchaser to the vendor.

(3) If any person fails or neglects to comply with the provisions of this section or makes in any sale (home-grown wheat) certificate any statement 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 I of the First Schedule to this Act.

Particulars of purchases of home-grown wheat by the Minister for Industry and Commerce.

69. —Whenever the Minister for Industry and Commerce has, in exercise of the powers conferred on him by Part VIII of this Act, during any sale (wheat) season in a cereal year purchased any home-grown millable wheat harvested during such year and grown on premises entered in the register of wheat growers during the three months next preceding the commencement of such year, the said Minister shall as soon as may be after every such purchase furnish to the Minister for Agriculture a statement setting out—

(a) the name and address of the vendor;

(b) the number of barrels of wheat purchased;

(c) the price per barrel paid for such wheat; and

(d) the premises on which such wheat was grown.

Ascertainment of average price of home-grown wheat in respect of sale (wheat) seasons.

70. —(1) The Minister shall, as soon as may be after the expiration of every sale (wheat) season, ascertain from the sale (home-grown wheat) certificates in relation to such season furnished to him under the provisions of this Part of this Act and from the statements (if any) in relation to such season furnished to him by the Minister for Industry and Commerce under the immediately preceding section the amount per barrel paid for home-grown millable wheat sold during such season and the amount as ascertained by him shall, for the purposes of this Part of this Act, be the ascertained average price per barrel of home-grown wheat for such season.

(2) As soon as the ascertained average price of home-grown wheat for any sale (wheat) season has been ascertained under this section, the Minister shall cause particulars thereof to be published in the Iris Oifigiúil.

Bounty on homegrown millable wheat.

71. —(1) If in any sale (wheat) season of a cereal year the ascertained average price per barrel of home-grown millable wheat for that season is less than the standard price per barrel for that season, every person who proves to the satisfaction of the Minister that in that season, he has sold to the holder of a milling licence, a registered wheat dealer, a registered distiller or the Minister for Industry and Commerce any home-grown millable wheat harvested during such cereal year or, being the holder of a milling licence has milled into flour or wheaten meal any home-grown wheat harvested during such cereal year and grown on premises in respect of which he was registered in the register of wheat growers during the period of three months before the commencement of such cereal year shall, subject to the provisions of this Act (including this section) be paid by the Minister, out of moneys provided by the Oireachtas, in respect of every barrel of such wheat a sum (in this Act referred to as a wheat bounty) equal to the difference between such ascertained average price per barrel and such standard price per barrel.

(2) No wheat bounty shall be payable in respect of any homegrown millable wheat sold in a cereal year unless—

(a) such wheat was grown on premises entered in the register of wheat growers during the period of three months next preceding the commencement of such cereal year; and

(b) the vendor of such wheat was either—

(i) the person who was so registered during the said period in respect of such premises, or

(ii) the personal representative or liquidator of such person, or

(iii) the assignee from such person of such premises.

Minimum and maximum amounts of wheat in respect of which wheat bounty may be paid.

72. —(1) Subject to the provisions of this section, the Minister may from time to time by order declare that, where in any specified cereal year a person disposes of home-grown millable wheat which is less in amount than the minimum amount fixed in relation to such year by such order, no wheat bounty shall be payable in respect of any of such wheat, and whenever any order is made under this sub-section in relation to a cereal year and is in force, the following provisions shall have effect, that is to say, where a person in such cereal year disposes of home-grown millable wheat which is less in amount than the minimum amount fixed by such order, no wheat bounty shall be paid in respect of any of such wheat.

(2) Subject to the provisions of this section, the Minister may from time to time by order declare that, where in any specified cereal year a person disposes of home-grown millable wheat which exceeds in amount the maximum amount fixed by such order in relation to such year, wheat bounty shall be payable only in respect of so much of such wheat as does not exceed the said maximum amount, and whenever any order is made under this sub-section in relation to a cereal year and is in force, the following· provisions shall have effect, that is to say:—

(a) where a person in such cereal year disposes of home-grown millable wheat (in this sub-section referred to as the year's crop) which exceeds in quantity the maximum amount (in this sub-section referred to as the maximum) fixed by such order, wheat bounty, if payable to such person, shall be paid only on so much of the year's crop as does not exceed the maximum;

(b) where the year's crop is disposed of in two sale (wheat) seasons of such cereal year, the following provisions shall have effect in relation to the amount of the year's crop upon which wheat bounty, if payable to such person, is to be paid and the rate or rates thereof, that is to say:—

(i) if the amount of the year's crop disposed of in the earlier sale (wheat) season of such cereal year exceeds the maximum, wheat bounty, at the rate appropriate to such sale (wheat) season, shall be paid only on so much thereof as does not exceed the maximum, and no wheat bounty shall be paid on the remainder of the year's crop,

(ii) if the amount of the year's crop disposed of in such earlier sale (wheat) season equals the maximum, wheat bounty, at the rate appropriate to such season, shall be paid only on that amount, and no wheat bounty shall be paid on the remainder of the year's crop,

(iii) if the amount of the year's crop disposed of in such earlier sale (wheat) season is less than the maximum, wheat bounty, at the rate appropriate to such sale (wheat) season, shall be paid on that amount, and wheat bounty, at the rate appropriate to the other sale (wheat) season of such cereal year, shall be paid only on so much of the year's crop disposed of in such other sale (wheat) season as, with the amount of the year's crop disposed of in such earlier sale (wheat) season, does not exceed the maximum;

(c) where the year's crop is disposed of in the three sale (wheat) seasons of such cereal year, the following provisions shall have effect in relation to the amount of the year's crop upon which wheat bounty, if payable to such person, is to be paid, and the rate or rates thereof, that is to say:—

(i) if the amount of the year's crop disposed of in the first sale (wheat) season of such cereal year exceeds the maximum, wheat bounty, at the rate appropriate to such first sale (wheat) season, shall be paid only on so much thereof as does not exceed the maximum, and no wheat bounty shall be paid on the remainder of the year's crop,

(ii) if the amount of the year's crop disposed of in such first sale (wheat) season equals the maximum, wheat bounty, at the rate appropriate to such first sale (wheat) season, shall be paid on that amount, and no wheat bounty shall be paid on the remainder of the year's crop,

(iii) if the amount of the year's crop disposed of in such first sale (wheat) season does not exceed the maximum, the following provisions shall have effect, that is to say:—

I. wheat bounty, at the rate appropriate to such first sale (wheat) season, shall be paid on that amount, and

II. wheat bounty, at the rate appropriate to the second sale (wheat) season of such cereal year, shall be paid on so much of the year's crop disposed of in such second sale (wheat) season as, with the part of the year's crop disposed of in such first sale (wheat) season, does not exceed the maximum,

III. in case the amount of the year's crop disposed of in such first and second sale (wheat) seasons upon which bounty is payable under the preceding provisions of this sub-paragraph equals or exceeds the maximum, no wheat bounty shall be paid on the remainder of the year's crop,

IV. in case the amount of the year's crop disposed of in such first and second sale (wheat) seasons is less than the maximum, wheat bounty, at the rate appropriate to the third sale (wheat) season of such cereal year, shall be paid on so much of the year's crop disposed of in such third sale (wheat) season as, with the amounts disposed of in such first and second sale (wheat) seasons does not exceed the maximum.

(3) Nothing in this section shall be construed as preventing orders in relation to the same cereal year being made under both sub-sections (1) and (2) of this section.

(4) Every order made under this section in relation to a cereal year shall be made not later than one year before the commencement of such cereal year.

(5) In this section the expression “disposes of” shall be construed as equivalent to the expression “sells or mills into flour” and the expression “disposed of” shall be construed accordingly.

(6) 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 is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

Recovery of over-payments of bounties.

73. —(1) If it is found at any time that any person has obtained any payment by way of bounty 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 bounty 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.

False statements in relation to bounties.

74. —If any person for the purposes of obtaining a bounty 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 shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.

Restrictions on sale of imported wheat.

75. —(1) It shall not be lawful for any registered wheat importer to sell any imported wheat unless either—

(a) such wheat is sold to another registered wheat importer, the holder of a milling licence, or the Minister for Industry and Commerce, or

(b) such wheat is sold under and in accordance with a licence granted by the Minister.

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

(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 thereof to the penalties mention in Part III of the First Schedule to this Act.

Restrictions on re-sale of home-grown millable wheat.

76. —(1) Where any home-grown millable wheat is on or after the 1st day of August, 1933, sold and a sale (home-grown wheat) certificate has been made in respect of such wheat, it shall not be lawful for the purchaser of such wheat or any subsequent purchaser from him to sell such wheat unless such wheat is either—

(a) sold to the holder of a milling licence, a registered wheat dealer, a registered distiller, or the Minister for Industry and Commerce, or

(b) sold under and in accordance with a licence granted by the Minister, or

(c) sold under and in accordance with regulations made under this section.

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

(3) The Minister may by order make regulations authorising the sale of home-grown millable wheat which is the subject of a sale (home-grown wheat) certificate to persons intending to use such wheat for seed and prescribing the conditions (including limitations as to quantity) under which such wheat may be sold or disposed of.

(4) 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 III of the First Schedule to this Act.