Dairy Produce Marketing Act, 1961

Butter levy.

37.—(1) There shall be paid to the Board by every registered proprietor of a creamery a levy on all creamery butter delivered on sale or manufactured for some other person by the proprietor at a time in respect of which a rate for such levy stands fixed by virtue of an order under subsection (4) of this section, and the levy shall be of such amount as may be appropriate having regard to the rate fixed under the order.

(2) There shall be paid to the Board by every registered proprietor of a creamery a levy on all imported butter delivered on sale by the proprietor, other than imported butter sold or otherwise disposed of to another proprietor, at a time in respect of which a rate for such levy stands fixed by virtue of an order under subsection (4) of this section and the levy shall be of such amount as may be appropriate having regard to the rate fixed under the order.

(3) The amount of butter levy due by a registered proprietor of a creamery in respect of butter delivered on sale or creamery butter manufactured for some other person in any month shall be paid to the Board not later than seven days after—

(a) the last day of the month, or

(b) the date of the making of the order under subsection (4) of this section by reference to which the amount of the levy is calculated,

whichever should later occur.

(4) (a) The Board may, whenever it thinks fit and with the consent of the Minister, make an order fixing the rate of butter levy and specifying the date on which the rate so fixed is to come into operation.

(b) The Board may, whenever it thinks fit and with the consent of the Minister, by order revoke or amend an order under this subsection including an order under this paragraph.

(c) The Minister may from time to time, as he thinks fit, direct the Board in writing—

(i) to make an order under this subsection fixing the rate of butter levy, and the direction may include a direction specifying the rate or rates of butter levy to be fixed in the order and the date or dates to be fixed in the order for the coming into operation of the rate or rates, or

(ii) to make an order revoking or amending an order under this subsection,

and the Board shall comply with a direction under this paragraph.

(d) An order under this subsection may—

(i) fix rates of butter levy, in respect of creamery butter, imported butter or both creamery butter and imported butter,

(ii) fix different rates of butter levy in respect of different kinds or classes of butter defined in such manner and by reference to such matters as the Board or the Minister, as may be appropriate, thinks proper,

(iii) fix different rates of butter levy in respect of different periods specified in the order,

(iv) provide for the coming into operation of any rate or rates of butter levy on a date prior to the date of the making of the order.