Milk (Regulation of Supply and Price) Act, 1936

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Returns by and levies payable by registered persons.

41.—(1) Every person who was, during the whole or any part of an accounting period in respect of the board for a joint district, registered in the register of producers kept by such board shall do both the following things, that is to say:—

(a) send by post to such board not later than seven days after the expiration of such accounting period a return in the prescribed form showing the quantity of milk sold by him during such period to—

(i) any person, other than a person registered in the register of retailers or the register of wholesalers kept by such board, within the associated sale district, and

(ii) any person registered in either or in both such registers;

(b) pay to such board in accordance with this section a levy calculated at the rate of a prescribed sum for each gallon of milk sold by him during such accounting period to persons other than persons registered in such register of retailers or such register of wholesalers.

(2) Every person who was, during the whole or any part of an accounting period in respect of the board for a joint district, registered in the register of retailers or the register of wholesalers kept by such board shall do both the following things, that is to say:—

(a) send by post to such board not later than seven days after the expiration of such accounting period a return in the prescribed form showing the quantity of milk which during such accounting period was—

(i) produced and sold by him, and

(ii) acquired by him from any person registered in the register of producers kept by such board, and

(iii) acquired by him from any person other than a person registered in such register of producers, and

(b) pay to such board, in accordance with this section, a levy calculated at the rate of a prescribed sum for each gallon of milk which during such accounting period was produced and sold by him or acquired by him from persons registered in such register of producers.

(3) As soon as may be after the seventh day after the expiration of an accounting period in respect of the board for a joint district, such board shall make—

(a) in respect of each person who was, during such period or any part thereof, registered in the register of producers kept by such board and who is liable under sub-section (1) of this section to pay a levy in respect of any milk sold by him during such accounting period (whether such person has or has not made the return required by the said sub-section (1)) a certificate (in this section referred to as a certificate of indebtedness) certifying the amount of the levy so payable by such person for such period, and

(b) in respect of each person who was, during such period or any part thereof, registered in the register of retailers or the register of wholesalers kept by such board and who is liable under sub-section (2) of this section to pay a levy in respect of any milk produced or purchased by him during such accounting period (whether such person has or has not made the return required by the said sub-section (2)) a certificate (in this section also referred to as a certificate of indebtedness) certifying the amount of the levy so payable by such person for such period.

(4) Every certificate of indebtedness shall be prima facie evidence of all matters purporting to be certified therein, and any document purporting to be a certificate of indebtedness issued under this section shall, on production in any proceedings to recover the amount thereby certified to be payable, be deemed, until the contrary is proved, to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly.

(5) Whenever the board for a joint district makes a certificate of indebtedness such board shall cause a copy of such certificate to be served on the person to whom such certificate relates, and thereupon the amount of the levy stated in such certificate shall become sand be payable by such person to such board within seven day's after such service of such certificate and shall, at the expiration of such seven days, be recoverable by such board from such person as a simple contract debt in any court of competent jurisdiction,

(6) If any person registered in any register kept by the board for a joint district—

(a) fails to make to such board any return which he is required by this section to make, or

(b) makes any such return which is false or misleading in any material respect, or

(c) fails to pay within the time appointed by this section any sum payable by him to such board under this section,

such board may cancel the registration of such person in such register.

(7) Whenever the registration of any person in any register kept by the board for a joint district has been cancelled by such board on account of the non-payment of any sum payable by such person to such board under this section, such board shall, if such sum is paid by such person within three months after the date of such cancellation, restore the registration of such person as on and from the date on which the said sum is so paid.

(8) Service of a copy of a certificate made under this section may be made by delivering it to the person to whom it relates or by sending it by post addressed to such person at any place where he carries on business.

(9) Every person who—

(a) fails to make within the time limited by this section any return which he is required by this section to make, or

(b) who makes any such return which is false or misleading in any material respect,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(10) For the purposes of this section, the month commencing on the appointed day in respect of a joint district and every subsequent month shall be an accounting period in respect of the board for such joint district.

Minimum wholesale prices for milk.