Dairy Produce Marketing Act, 1961

Nomination of three persons as members of the Board by certain co-operative societies.

9.—(1) During the period of one month ending immediately before the nomination day in any nomination year societies that are the registered proprietors of creameries or cream-separating stations situate in the county of Clare, Cork, Kerry, Kilkenny, Laoighis, Limerick, Tipperary, Waterford or Wexford may, in accordance with the provisions of subsection (4) of this section, propose persons for nomination as members of the Board, but a society shall not propose more than one person under this subsection in any nomination year.

(2) During the period of one month ending immediately before the nomination day in any nomination year, societies that are the registered proprietors of creameries or cream-separating stations situate elsewhere in the State than in the counties specified in subsection (1) of this section may, in accordance with the provisions of subsection (4) of this section, propose persons for nomination as members of the Board, but a society shall not propose more than one person under this subsection in any nomination year.

(3) During the period of one month ending immediately before the nomination day in any nomination year, societies that are the registered proprietors of creameries or cream-separating stations situate anywhere in the State may, in accordance with the provisions of subsection (4) of this section, propose persons for nomination as members of the Board, but a society shall not propose more than one person under this subsection in any nomination year.

(4) A proposal in any nomination year under any of the foregoing subsections shall be made in writing by any six societies specified in the subsection under which the proposal is made (and, in the case of a proposal under subsection (3) of this section, shall contain an indication that it is made under that subsection) and shall be delivered to the returning officer (together with a statement in writing signed by the person proposed signifying his consent to the proposal) during the period of one month ending immediately before the nomination day in that year.

(5) If one person only stands proposed under subsection (1) of this section on the nomination day in any nomination year, that person shall be deemed to be nominated as a member of the Board under this section by the societies specified in that subsection.

(6) If more persons than one stand proposed under subsection (1) of this section on the nomination day in any nomination year, a ballot shall be held in which each society specified in that subsection shall be entitled to vote for one of the persons standing proposed as aforesaid, and—

(a) in case one person secures more votes than any other person in the ballot, that person shall be deemed to be nominated as a member of the Board under this section by the societies specified in that subsection, and

(b) in case two or more persons secure the same number of votes in the ballot, the returning officer shall determine by lot which of those persons shall be nominated as a member of the Board, and the person so determined shall be deemed to be nominated a member of the Board under this section by the societies specified in that subsection.

(7) (a) The provisions of subsections (5) and (6) of this section shall apply in relation to the nomination of persons proposed under subsection (2) of this section in like manner as they apply in relation to the nomination of persons proposed under subsection (1) of this section.

(b) The provisions of subsections (5) and (6) of this section shall apply in relation to the nomination of persons proposed under subsection (3) of this section in like manner as they apply in relation to persons proposed under subsection (1) of this section.

(8) A person deemed to be nominated as a member of the Board under this section by the societies specified in subsection (3) of this section shall endeavour to acquaint himself with, and keep the Board informed of, the special interests of the societies aforesaid in relation to the production of fresh cream.