Pigs and Bacon Act, 1935

Determination of questions by the Bacon Marketing Board.

92.—(1) Save as is otherwise provided by this section every question arising at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of votes the Chairman shall have a second or casting vote.

(2) Every question in relation to the making of an order to which this sub-section applies arising at a meeting of the Board shall be determined in accordance with the following provisions, that is to say:—

(a) if no ordinary members or only one ordinary member are or is present at such meeting such question shall be determined by the Chairman;

(b) if two or more ordinary members are present—

(i) such question shall in the first instance be referred to such ordinary members for their vote thereon,

(ii) if all such ordinary members vote on such question and such vote is unanimous, such question shall be deemed to have been decided by the Board in accordance with such vote,

(iii) if some or all of such members do not vote on such question, or if all of such members vote and such vote is not unanimous, such question shall be referred to the Chairman for his decision and such question shall be deemed to have been determined in accordance with the Chairman's decision.

This sub-section applies to—

(a) a home-sales order;

(b) an allocation (sales quota) order;

(c) a cold-storage order;

(d) an order amending a cold-storage order;

(e) a purchase order;

(f) an order making regulations fixing the prescribed sum for the purposes of the provisions of this Part of this Act relating to levy in respect of carcases used for the production of bacon.

(3) The following provisions shall have effect in relation to the making of a production order or an allocation (production quota) order at a meeting of the Board, that is to say:—

(a) if no ordinary members or only one ordinary member are or is present at such meeting the Chairman shall make such order and such order as so made by the Chairman shall be deemed for the purposes of this Act to have been duly made by the Board at such meeting;

(b) if two or more ordinary members are present at such meeting the following provisions shall have effect, that is to say:—

(i) in case all such ordinary members pass unanimously a resolution in favour of the making of such order in terms specified in such resolution, such order shall be deemed for the purposes of this Act to have been duly made in such terms by the Board at such meeting, and

(ii) in any other case, the Chairman shall make such order, and such order as so made by the Chairman shall be deemed for the purposes of this Act to have been duly made by the Board at such meeting.