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41 1934

AGRICULTURAL PRODUCE (CEREALS) ACT, 1934

PART VIII.

Wheaten Flour in Possession of Persons other than Registered Flour Importers and Holders of Milling Licences.

Definitions in relation to Part VIII.

76. —In this Part of this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “wheaten flour” means the finely-reduced product of wheat obtained by sifting the ground endosperm of the wheat berry through a standard bolting cloth, not coarser than a No. 9 standard bolting cloth, the bran and pollard of the wheat having been removed by suitable milling processes.

Prosecution of offences under Part VIII.

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

Returns of wheaten flour in possession of certain persons.

78. —(1) The Minister may, whenever and so often as he thinks proper, by order (in this Part of this Act referred to as a returns (wheaten flour) order) require every person (other than a person who is a registered flour importer or the holder of a milling licence), who, on the day on which such order is made, has in his possession or at his disposal any quantity of wheaten flour in excess of twenty-eight thousand pounds, to send to the Minister, not later than five days after the publication of such order in the Iris Oifigiúil, a return of the quantity of wheaten flour in his possession or at his disposal on the said day and of the place or places where such flour is stored.

(2) Every return made in pursuance of a returns (wheaten flour) order shall be verified by a statutory declaration made by the person required to make such return or, where such person is a corporate body, by a director or principal officer of such body corporate.

(3) Every returns (wheaten flour) order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.

(4) If whenever a returns (wheaten flour) order is made, any person, who is required by such order to make a return to the Minister, fails, neglects, or refuses to make, in accordance with this section, to the Minister, within five days after the publication of such order in the Iris Oifigiúil, the return required by such order to be made by him, 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 section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the Schedule to this Act.

Inspection of stocks of wheaten flour.

79. —(1) Whenever a returns (wheaten flour) order is made any inspector of the Minister for Industry and Commerce or any member of the Gárda Síochána may enter at any reasonable time any premises on which he has reason to believe any wheaten flour is stored and inspect and take samples of any flour on such premises.

(2) Every person who obstructs or impedes any inspector of the Minister for Industry and Commerce or member of the Gárda Síochána 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 to, in the case of a first offence under this section, a fine not exceeding five pounds or, in the case of a second or any subsequent offence under this section, a fine not exceeding ten pounds.

Compulsory sale orders.

80. —(1) Where—

(a) a returns (wheaten flour) order is made, and

(b) the Minister is satisfied that any person (other than a registered flour importer or a holder of a milling licence) had, on the day on which such order was made, in his possession or at his disposal any quantity of wheaten flour exceeding twenty-eight thousand pounds,

the Minister may, not later than twenty days after the publication of such returns (wheaten flour) order in the Iris Oifigiúil, serve an order (in this Part of this Act referred to as a compulsory sale order) on such person and on such other person, being the holder of a milling licence, as the Minister may select, requiring such first-mentioned person to sell to such other person and such other person to purchase from such first-mentioned person within a specified time a specified amount of wheaten flour, not greater than such excess, at such price and subject to such conditions as to carriage and delivery as the Minister may fix and specify in such compulsory sale order.

(2) In this Part of this Act the expressions “the vendor” and “the purchaser” in relation to a compulsory sale order mean respectively the person required by such order to sell and the person required by such order to purchase the wheaten flour to which such order relates.

Service of compulsory sale orders.

81. —(1) Where a compulsory sale order is permitted by this Act to be served on any person, such order shall be served on such person in one or other of the following ways, that is to say:—

(a) by delivering to such person a copy of such order certified to be a true copy under the Official Seal of the Minister;

(b) by sending by post in a prepaid registered letter addressed to such person at the address at which he carries on business a copy of such order certified to be a true copy under the Official Seal of the Minister.

(2) For the purposes of this section, a company registered in Saorstát Eireann under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office, and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business.

Effect of service of compulsory sale order.

82. —(1) Where a compulsory sale order has been duly served on the vendor and purchaser under such order, the following provisions shall have effect, that is to say:—

(a) the vendor and the purchaser shall be deemed to have entered into a contract in terms of the requirements of such order;

(b) if the requirements of such order are not complied with,

(i) the vendor shall, unless he proves to the satisfaction of the Court that such non-compliance was due to the acts or default of the said purchaser, be guilty of an offence under this section, and,

(ii) the purchaser shall, unless he proves to the satisfaction of the Court that such non-compliance was due to the acts or default of the said vendor, be guilty of an offence under this section.

(2) 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 Schedule to this Act.

Notification of compliance or non-compliance with compulsory sale orders.

83. —(1) Where a compulsory sale order has been duly served on the vendor and purchaser under such order, the vendor and the purchaser shall each send ot the Minister not later than three days after the time limited by such order for compliance therewith—

(a) in case such order has been complied with, a statement to that effect;

(b) in case such order has not been complied with, a statement setting out the reasons for such non-compliance.

(2) Every statement sent under this section shall be verified by a statutory declaration made by the person required to send such statement or, where such person is a corporate body, by a director or principal officer of such body corporate.

(3) If any person fails neglects or refuses to send to the Minister in accordance with this section the statement required by this section to be sent by him, 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 Schedule to this Act.