Pigs and Bacon Act, 1935

Conduct of elections of ordinary members and substitutive members.

80.—The following provisions shall have effect in relation to every election of ordinary members and substitutive members held in pursuance of this Part of this Act at a meeting of persons entered in any panel of curers, that is to say:—

(a) the election of ordinary members and the election of substitutive members shall be conducted as two separate elections held at such meeting and accordingly each such election shall be deemed for the purposes of this section to be a separate election and the word “election” shall in this section be construed accordingly;

(b) the word “elector” means a person whose name is entered in such panel;

(c) the expression “the number of vacancies”—

(i) when used in relation to the election of ordinary members, means the number of ordinary persons to be elected at such election,

(ii) when used in relation to the election of substitutive members, means the number of substitutive members to be elected at such election;

(d) the election of ordinary members shall be held first;

(e) every elector shall be entitled to vote at each election either personally or, subject to the provisions of the next following paragraph, by proxy;

(f) the following provisions shall have effect in relation to voting by proxy, that is to say:—

(i) the instrument appointing a proxy shall be in writing in such form as the Minister may direct, under the hand of the elector, or, if the elector is a limited company, either under its seal or under the hand of a person duly authorised by it in that behalf,

(ii) the said instrument shall be deposited at the office of the Minister not later than the end of the third day before the day fixed for such meeting, and if not so deposited shall be treated as invalid;

(g) without prejudice to the right to vote by proxy, an elector who is a limited company may vote by any one of its directors, or its secretary, and an elector who is a partnership may vote by any one of the partners;

(h) no person shall be qualified to be elected an ordinary member or a substitutive member at such meeting unless he has been nominated in writing as a candidate by an elector, and the nomination paper has not later than the end of the third day before the day fixed for the meeting been received by the Minister;

(i) if a person who is nominated as both an ordinary member and a substitutive member is elected an ordinary member, the nomination of such person as a substitutive member shall be deemed to be withdrawn;

(j) where no more candidates are duly nominated than the number of vacancies, those candidates shall be declared elected;

(k) where the number of duly qualified candidates at any such election exceeds the number of vacancies, the following provisions shall have effect, that is to say:—

(i) a vote shall be taken;

(ii) every elector shall be entitled to vote for as many candidates as there are vacancies and no more;

(iii) the candidates up to the number of vacancies who received most votes shall be declared elected and, in the case of two or more candidates receiving an equal number of votes, the chairman of the meeting shall have a casting vote;

(l) immediately after such meeting the chairman shall send to the Minister a return showing the names of the persons elected as ordinary members and substitutive members at each election and such return shall be conclusive evidence of the election of such persons;

(m) if the electors who attend such meeting fail to elect at any such election the number of persons required by this Part of this Act to be elected at such election, or if none of the electors attend such meeting, the Minister shall, as soon as may be, nominate that number or such less number as the circumstances require of persons willing to act as ordinary members or substitutive members (as the case may be) and the persons so nominated shall for all purposes be deemed to have been duly elected at such meeting as ordinary members or substitutive members (as the case may be).