Dairy Produce Marketing Act, 1961

Provisions in relation to ballots under sections 9 and 10.

12.—(1) (a) A ballot under section 9 or section 10 of this Act shall be conducted in accordance with the provisions of regulations made by the Minister under this section.

(b) Without prejudice to the generality of paragraph (a) of this subsection, regulations under this subsection may provide for—

(i) the form of the ballot paper to be used in the ballot and of the proposal referred to in sections 9 and 10 of this Act,

(ii) the time for and manner of applying for the issue of proposal forms and the time for and manner of issuing such forms,

(iii) the particulars to be contained in the proposal form and ballot paper in relation to persons proposed for nomination under section 9 or 10 of this Act,

(iv) the manner of completing and subscribing proposal forms and ballot papers,

(v) the procedure for ascertaining the persons entitled in any nomination year to propose persons for nomination under section 10 of this Act and to vote in a ballot under that section and for establishing the identity of persons proposing persons for nomination as aforesaid or voting in any such ballot and of persons so proposed,

(vi) the taking and receiving of statutory declarations in relation to the identity of—

(I) persons proposing persons for nomination under section 10 of this Act and voting in ballots under that section, and

(II) persons proposed for nomination under the said section 10,

(vii) the time for and the manner of issuing ballot papers to persons and societies having votes,

(viii) the persons by whom the proposal forms and ballot papers shall be issued,

(ix) the time for and the manner of sending completed proposal forms and ballot papers to the returning officer,

(x) the scrutiny of ballot papers by the returning officer,

(xi) the time for and manner of counting votes, and

(xii) the rejection of ballot papers and the disallowance of votes by the returning officer.

(2) Each person or society entitled to vote in a ballot under section 9 or 10 of this Act shall be entitled to one vote.

(3) The returning officer for the purposes of a ballot under section 9 or 10 of this Act shall—

(a) in the case of a ballot held before the establishment day, be a person appointed by the Minister,

(b) in any other case, be the chief officer of the Board.

(4) The cost of, and the expenses in relation to, a ballot (other than any costs incurred by University College, Cork, the Company, the Condensed Milk Company of Ireland (1928), Limited, the Newmarket Dairy Company (1932), Limited, a society, persons standing proposed for nomination as members of the Board, persons entitled to propose such persons or persons entitled to a vote in the ballot) under section 9 or 10 of this Act shall be paid—

(a) in the case of a ballot held before the establishment day, out of the dairy produce (price stabilisation) fund, and

(b) in any other case, out of the Fund.