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Power to compel coal retailer to obtain turf.
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17.—(1) Whenever the quantity of turf obtained by a coal retailer from approved sources during any particular period of not less than two months, together with the quantity (if any) of turf obtained from approved sources which is in the possession of such coal retailer at the beginning of such period, is less than the quantity of turf sold and delivered or which ought to have been sold and delivered by such coal retailer in pursuance of the provisions of this Act relating to the compulsory purchase of turf during the said period, the Minister may serve on such coal retailer a notice in writing—
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(a) stating—
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(i) the particular period aforesaid to which such notice relates, and
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(ii) the quantity of turf obtained as aforesaid by such coal retailer, and
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(iii) the quantity (if any) of turf in the possession as aforesaid of such coal retailer, and
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(iv) the quantity of turf sold and delivered or which ought to have been sold and delivered as aforesaid, by such coal retailer, and
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(b) requiring such coal retailer to obtain within a specified time (not less than fourteen days from the service of such notice) from some approved source or sources a specified quantity of turf not exceeding the amount by which the quantity of turf obtained as aforesaid by such coal retailer together with the quantity (if any) of turf in the possession as aforesaid of such coal retailer falls short of the quantity of turf sold and delivered or which ought to have been sold and delivered as aforesaid by such coal retailer, and
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(c) requiring such coal retailer, within two days after complying with the foregoing requirements of such notice, to send to the Minister in the manner stated in such notice a statement of the quantity or several quantities of turf obtained by such coal retailer in compliance with such notice and the source from which and the date on which such quantity, or every such quantity, of turf was so obtained.
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(2) Every coal retailer on whom a notice is served under this section shall, within the time specified in that behalf in such notice, obtain from some approved source or sources the quantity of turf specified in that behalf in such notice, and if such coal retailer fails so to obtain the said quantity of turf he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding one pound for every ton or part of a ton of turf which he was required by such notice so to obtain or, if he has duly obtained part of the quantity of turf which he was so required to obtain, not exceeding one pound for every ton or part of a ton by which the said part of the said quantity of turf falls short of the full amount of the said quantity of turf.
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(3) Every coal retailer, on whom a notice is served under this section shall, within the time specified in that behalf in such notice, send to the Minister in accordance in all respects with such notice such statement as he is required by such notice so to send and if he fails so to send such statement he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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(4) The following provisions shall have effect in relation to the prosecution of a coal retailer for an offence under any sub-section of this section, that is to say:—
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(a) the notice under this section in relation to which such offence is alleged to have been committed shall be evidence, until the contrary is proved, of the several matters of fact stated in such notice in respect of the quantities of turf obtained by, in the possession of, or sold and delivered or which ought to have been sold and delivered by such coal retailer;
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(b) an error in the statement of all or any of the said matters of fact in such notice shall not invalidate such notice if the quantity of turf which such coal retailer is required by such notice to obtain does not exceed the quantity of turf which he could lawfully have been so required to obtain if all such matters of fact had been correctly stated in such notice;
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(c) the Court may, if it so thinks proper on the application of the prosecutor or of such coal retailer, amend the statement in such notice of any of the said matters of fact or of the quantity of turf which such coal retailer is required by such notice to obtain, and where the Court so amends such notice, such notice shall for all purposes have and be deemed always to have had effect as so amended;
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(d) every record kept by such coal retailer in pursuance of this Act shall be admissible in evidence at the instance of either the prosecutor or such coal retailer, and the Court may, if it so thinks proper on the application of the prosecutor, compel such coal retailer to produce any such record and all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) in the possession of such coal retailer and necessary in the opinion of the Court for the purpose of verifying any entry in or proving or explaining any omission from such record;
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(e) every return made by such coal retailer to the Minister in pursuance of this Act shall be admissible in evidence at the instance of either the prosecutor or such coal retailer, and the Court may, if it so thinks proper on the application of such coal retailer, compel the production by the Minister of any such return.
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