Industrial Alcohol Act, 1938

Purchase of industrial alcohol by distributors.

44.—(1) On and after the appointed day the Company may whenever and so often as it thinks fit, by order (in this Part of this Act referred to as an allocation order) do, with the consent of the Minister, the following things, that is to say:—

(a) fix a specified quantity of industrial alcohol to be the allottable amount for the purposes of such order;

(b) allot the allottable amount amongst distributors in such proportions as the Company thinks proper.

(2) Whenever the Company makes an allocation order the following provisions shall have effect, that is to say:—

(a) the Company shall make, in respect of each distributor to whom a quantity of industrial alcohol has been allotted by such allocation order, an order (in this Part of this Act referred to as a sale order) requiring such distributor to do the following things, that is to say:—

(i) to purchase from the Company, at a price (to be specified in such sale order) calculated at the rate per gallon for the time being fixed by the Minister, with the concurrence of the Minister for Finance, for the purposes of this section, the quantity of industrial alcohol so allotted to him,

(ii) to pay to the Company such price within seven days after the date of the service of such sale order on him,

(iii) to accept delivery of the said quantity at the premises of the Company specified in such sale order at such time or times as may be specified in such sale order;

(b) the Company shall upon the making of such sale order serve such order on such distributor.

(3) Whenever a sale order is served on any distributor by the Company, the following provisions shall have effect, that is to say:—

(a) the Company shall be deemed to have entered into a contract with such distributor to sell to such distributor the industrial alcohol specified in such order at the price specified in such order and to deliver such industrial alcohol to such distributor at the place and at the time or times at which such distributor is required by such order to accept delivery of such industrial alcohol, and

(b) such distributor shall be deemed to have entered into a contract with the Company to purchase such industrial alcohol in accordance with the requirements of such order.

(4) A sale order shall be served on a distributor in one or other of the following ways, that is to say:—

(a) by delivering to such distributor a copy of such order certified to be a true copy under the seal of the Company;

(b) by sending by post in a registered letter addressed to such distributor at the address at which he carries on business a copy of such order certified to be a true copy under the seal of the Company.

For the purposes of this sub-section, a company registered within the State 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 within the State.