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Chapter III.
Compensation to Licensees in Respect of Condemned and Damaged Pigs and Carcases.
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Compensation to licensees in respect of damaged pigs and carcases.
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44.—(1) Any person who claims to be the owner of any pigs or carcases to which this section applies may make an application to the Commission for compensation in respect of such pigs or carcases.
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(2) The Commission, on receipt of an application under this section by a person for compensation and after such inquiry as the Commission thinks fit to make, may, if it so thinks fit, pay to such person out of the Insurance Fund such compensation in respect of the pigs or carcases to which the application relates as the Commission, having regard to all the circumstances of the case, thinks just.
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(3) This section applies to—
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(a) all pigs which have been presented on or after the transfer date to a veterinary examiner under Part II of the Act of 1935, and have not been passed by such examiner as fit for slaughter, and
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(b) all carcases or parts of carcases of pigs which were presented on or after the transfer date to a veterinary examiner under Part II of the Act of 1935 and have been found not fit for human consumption;
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(c) all carcases of pigs (being pigs purchased by a licensee) which were condemned on or after the transfer date by a local sanitary authority under statutory powers.
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(4) The Commission may, whenever and so often as it thinks fit, by order declare that this section shall also apply to non-factory-purchased pigs purchased by licensees which after purchase were damaged in course of transit to the premises of the purchaser and may revoke any such order and when any such order is made this section shall also apply to any non-factory-purchased pigs purchased by licensees which were so damaged while such order was in force.
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(5) No compensation shall be paid under this section unless—
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(a) the claim therefor is made within the prescribed time, and
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(b) the application therefor is made in the prescribed manner and contains the prescribed particulars.
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