Tobacco Act, 1934

Effect of service of sale order.

41.—(1) Where a sale order has been duly served on the vendor and purchaser, 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 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 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 a fine not exceeding five hundred pounds.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.