Milk (Regulation of Supply and Price) (Amendment) Act, 1941

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.