Milk (Regulation of Supply and Price) (Amendment) Act, 1941

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Provisions consequential on an order revoking a milk (joint district) order.

4.—Whenever the Minister makes, under sub-section (3) of section 6 of the Principal Act, an order (in this section referred to as the revocation order) revoking a milk (joint district) order, the following provisions shall have effect, that is to say:—

(a) the board (in this sub-section referred to as the abolished board) for the joint (sale and supply) district to which such milk (joint district) order relates shall, on the day (in this section referred to as the dissolution date) on which the revocation order comes into operation, be dissolved and cease to exist;

(b) the areas declared by such milk (joint district) order to be respectively a sale district, a production district and a joint (sale and supply) district for the purposes of Part II of the Principal Act shall, on the dissolution date, cease to be a sale district, a production district and a joint (sale and supply) district respectively for the said purposes;

(c) the persons who were, immediately before the dissolution date, registered in the register of producers, the registers of retailers, and the registers of wholesalers (if any) kept by the abolished board shall on the dissolution date cease to be registered producers, registered retailers and registered wholesalers for the purposes of Part II of the Principal Act;

(d) all property, whether real or personal (including choses-in-action), which immediately before the dissolution date was vested in or belonged to the abolished board and all rights, powers, and privileges relating to or connected with such property shall, on the dissolution date and without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested or the property of the Minister for all the estate, term, or interest for which the same immediately before the dissolution date was vested in or belonged to the abolished board;

(e) all property transferred by paragraph (d) of this section, which immediately before the dissolution date, was standing in the books of any bank or is registered in the books of any bank, corporation, or company, shall, upon the request of the Minister made on or after the dissolution date, be transferred in such books by such bank, corporation or company into the name of the Minister;

(f) on and after the dissolution date, every chose-in-action transferred by paragraph (d) of this section to the Minister may be sued upon, recovered or enforced by the Minister in his corporate name, and it shall not be necessary for the Minister to give notice to the person bound by such chose-in-action of the transfer effected by the said paragraph (d);

(g) every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the dissolution date is owing and unpaid or has been incurred and is undischarged by the abolished board shall, on the dissolution date, become and be the debt of the Minister and shall be paid or discharged by and may be recovered from or enforced against the Minister accordingly;

(h) in every action, suit or proceeding which is pending on the dissolution date in any court and to which the abolished board is a party, the Minister shall on the dissolution date become and be a party in the place of the abolished board and such proceeding shall be continued between the Minister and the other parties thereto accordingly and-no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of the abolished board;

(i) all books and other documents directed or authorised by or under the Principal Act to be kept or made by the abolished board and which immediately before the dissolution date, would be receivable in evidence shall, notwithstanding the dissolution of the abolished board, be admitted in evidence as fully as if the abolished board had not been dissolved;

(j) any levy payable under sub-section (1) or sub-section (2) of section 41 of the Principal Act to the abolished board for any accounting period in respect of the abolished board ending before the dissolution date shall, if not paid before the dissolution date to the abolished board, be payable to the Minister, and for the purposes of enabling such levy to be assessed and collected, the following provisions shall have effect, that is to say:—

(i) the foregoing paragraphs of this section shall be deemed not to have been enacted,

(ii) in the application of the said section 41 to the abolished board, every mention of or reference to the board for a joint district in the said section 41 shall, on and after the dissolution date,—

(I) in relation to anything done under such section before the dissolution date, be construed as a mention of or a reference to the abolished board,

(II) in relation to anything done or required or permitted to be done under the said section on or after the dissolution date, be construed and have effect as a mention of or a reference to the Minister;

(k) the Minister shall convert into money any property (other than money) transferred to him by this section, and may for this purpose sell any such property;

(l) the Minister may surrender any land, held under lease or a tenancy, transferred to him by this section;

(m) any moneys representing property transferred to the Minister by this section remaining in the hands of the Minister, after discharging the liabilities transferred to him by this section and any expenses incurred under this section shall be applied by the Minister, after consultation with the Minister for Finance, in such manner as he thinks fit for the purposes of agriculture and other rural industries within or in connection with the area comprised in the production district to which such milk (joint district) order relates.