Milk (Regulation of Supply and Price) Act, 1936
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Provisions in relation to transactions between registered producers and registered retailers and registered wholesalers. |
47.—(1) On and after the appointed day in respect of a joint district, it shall not be lawful for any registered producer in respect of such joint district to sell any milk to any registered retailer or registered wholesaler in respect of such district unless such milk is so sold under and in accordance with a contract for the purpose made between such registered producer and such registered retailer or registered wholesaler (as the case may be) which has been approved by the chairman of the board for such district under this section. | |
(2) On and after the appointed day in respect of a joint district, it shall not be lawful for any registered retailer or registered wholesaler in respect of such joint district to purchase any milk from any registered producer in respect of such district unless such milk is so purchased under and in accordance with a contract for the purpose made between such registered retailer or registered wholesaler (as the case may be) and such registered producer which has been approved by the chairman of the board for such district under this section. | ||
(3) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Schedule to this Act. | ||
(4) The following provisions shall have effect in relation to every contract for the sale of milk made between a registered producer in respect of a joint district and a registered retailer or registered wholesaler in respect of such district where any milk is to be delivered under such contract on or after the appointed day in respect of such district (whether such contract has or has not been entered into before the said appointed day), that is to say:— | ||
(a) such contract shall be in the prescribed form (if any); | ||
(b) such contract shall be executed in duplicate; | ||
(c) the parties to the contract shall send the original and counterpart thereof and a copy thereof to such board; | ||
(d) on receipt of the said documents, the said chairman shall approve of such contract, if, but only if— | ||
(i) the price per gallon is stated therein; | ||
(ii) such price is not less than the appropriate statutory minimum price; | ||
(iii) the basic quantity of milk to be supplied each day or each week is specified; | ||
(iv) it is a condition of such contract that the price mentioned therein or a specified price which shall not be less than the appropriate statutory minimum price shall be payable for all milk supplied by the vendor to the purchaser in excess of the basic quantity mentioned therein; | ||
(e) where the said chairman does not approve of the contract he shall return all the said documents to the person by whom they were sent with intimation to that effect; | ||
(f) where the said chairman approves of such contract he shall— | ||
(i) cause the seal of such board to be affixed to the original and counterpart and return them to the person by whom the said documents were sent, and such sealing shall be conclusive evidence that such contract has been approved by the said chairman, | ||
(ii) retain the copy of the contract sent to him. |