S.I. No. 201/1947 - Tea (Wholesale Distribution) Order, 1947.

STATUTORY RULES AND ORDERS. 1947. No. 201.

TEA (WHOLESALE DISTRIBUTION) ORDER, 1947.

I SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by Article 31 of the Emergency Powers Order, 1939 (S. R. & O. No. 224 of 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166 of 1942), (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946)), hereby order as follows :—

1. This Order may be cited as the Tea (Wholesale Distribution) Order, 1947.

2. In this Order—

the expression " tea wholesaler's licence " means a licence granted under Article 3 of this Order ;

the expression " licensed wholesaler " means the holder of a tea wholesaler's licence ;

the expression " licensed tea retailer " means the holder of a tea retailer's licence granted or deemed to be granted under the Emergency Powers (Tea Retailers) Order, 1942 (S. R. & O. No. 407 of 1942) ;

the expression " the standard month " means the month of April, 1947 ;

the expression " ration month " means the month of July, 1947, or any subsequent month ;

the expression " the ration " means—

(a) in relation to a licensed wholesaler and another licensed wholesaler, the quantity of tea which the first-mentioned wholesaler was authorised under the Emergency Powers (Tea) Order, 1941 (S. R. & O. No. 31 of 1941), as amended by subsequent Orders, to deliver to the other wholesaler during the standard month,

(b) in relation to a licensed wholesaler and a licensed retailer, the quantity of tea which the wholesaler was so authorised to deliver to the retailer during the standard month,

subject to any reduction of such quantity made under Article 7 of this Order ;

the expression " by wholesale," when used in relation to the sale of tea, means sale to a person who buys for the purpose of selling it again and has no reference to the terms of any such sale ;

the expression " authorised officer " means a person who is an authorised officer for the purposes of the Emergency Powers (General Rationing Provisions) Order, 1944 (S. R. & O. No. 130 of 1944).

3.—(1) Any person may apply to the Minister for a licence authorising him to carry on the business of selling tea by wholesale.

(2) An application under this Article shall be made in the form set out in the Schedule to this Order and shall be sent to the Secretary, Department of Industry and Commerce, Dublin.

(3) The Minister may, in his discretion, grant or refuse to grant an application under this Article.

(4) The Minister may attach to a tea wholesaler's licence such conditions as he thinks fit, and whenever conditions are attached to a tea Wholesaler's licence the holder of the licence shall comply therewith.

(5) A tea wholesaler's licence shall not be transferable.

4.—(1) A person shall not—

(a) carry on the business of selling tea by wholesale, or

(b) sell tea by wholesale, unless he is a licensed wholesaler.

(2) A person shall not purchase within the State tea which he proposes to sell again unless the seller of the tea is a licensed wholesaler.

(3) This Article shall come into operation on the First day of July, 1947.

5.—(1) A licensed wholesaler shall not, during any ration month, deliver on sale to another licensed wholesaler or to a licensed retailer a quantity of tea exceeding the ration.

(2) Where either—

(a) the quantity of tea delivered on sale, during any ration month, by a licensed wholesaler, to another licensed wholesaler or a licensed retailer is less by any amount (in this paragraph referred to as the deficit) than the ration, or

(b) the quantity of tea delivered on sale, during any two or more ration months, by a licensed wholesaler to another licensed wholesaler or a licensed retailer is less by any amount (in this paragraph also referred to as the deficit) than the ration multiplied by the number of the ration months, then, notwithstanding anything contained in paragraph (1) of this Article, the wholesaler may, during any subsequent ration month, deliver on sale to the other wholesaler or the retailer (in addition to the ration) a quantity of tea not exceeding the deficit or so much of the deficit as the wholesaler has not previously delivered on sale to the other wholesaler or the retailer by virtue of this paragraph.

(3) The Minister may, to such extent and subject to such conditions as he thinks fit, exempt any licensed wholesaler from the operation of paragraph (1) of this Article.

6. The Minister may at any time give directions to a particular licensed wholesaler requiring him not to deliver on sale any tea to a licensed retailer to whom the wholesaler delivered on sale tea during the standard month.

7. The Minister may at any time reduce the quantity of tea which, as respects a licensed wholesaler and another licensed wholesaler or a licensed wholesaler and a licensed retailer, is for the time being the ration.

8.—(1) The Minister may, at his discretion, grant to a person who is not a licensed wholesaler a permit authorising such person to sell tea by wholesale during a particular period or to effect a particular sale or particular sales by wholesale of tea and neither paragraph (1) nor paragraph (2) of Article 4 of this Order shall apply in relation to any sale effected under and in accordance with the permit.

(2) The Minister may attach to a permit under this Article such conditions as he thinks fit, and whenever conditions are attached to any such permit the holder of the permit shall comply therewith.

(3) A permit under this Article shall not be transferable.

9.—(1) The Minister may, whenever and so often as he thinks fit, serve on any licensed wholesaler or any holder of a permit under Article 8 of this Order a notice requiring him to furnish to the Minister at such times as may be specified in the notice, periodical or other returns containing such particulars relating to his business as may be specified in the notice.

(2) A notice under this Article may require any return to be made thereunder to be in a form specified in the notice.

(3) Where a notice under this Article is served on any person, he shall comply with the requirements of the notice.

10. Every person who carries on, or is employed in connection with, the business of selling tea by wholesale is hereby required, from time to time—

(a) to produce, at the request of an authorised officer, to such officer any books or documents relating to the purchase and sale or disposition of tea for the purposes of the business, which are in the power, possession or procurement of such person, to permit such officer to inspect and take extracts from such books or documents, and to give to such officer any information which he may reasonably require in regard to any entries in such books or documents ;

(b) to afford to an authorised officer all reasonable facilities for the inspection and measurement of any stocks of tea carried in connection with the business ;

(c) to give to an authorised officer any information which he may reasonably require in regard to the purchase, acquisition, storage, sale or disposal of tea for the purposes of the business.

11.—(1) An authorised officer may, from time to time, at the premises of a licensed wholesaler, request the wholesaler to produce for inspection to such officer the quantity of tea which the wholesaler should, at the time the request is made, have in his possession having regard to—

(a) the quantity of tea in his possession immediately before the commencement of a day specified by such officer,

(b) the quantity of tea received by him during the period which began on that day and ends at the time the request is made,

(c) his lawful sales and dispositions of tea during that period.

(2) Where a request is made by an authorised officer to a licensed wholesaler under paragraph (1) of this Article the wholesaler shall forthwith comply with the request.

12.—(1) The following Orders are hereby revoked :—

(a) the Emergency Powers (Tea) Order, 1941 (S. R. & O. No. 31 of 1941).

(b) the Emergency Powers (Tea) Order, 1941 (Amendment) Order, 1944 (S. R. & O. No. 20 of 1944).

(c) the Emergency Powers (Tea) Order, 1941 (Amendment) (No. 2) Order, 1946 (S. R. & O. No. 155 of 1946).

(2) Any reference in the Emergency Powers (Tea Retailers) Order, 1942 (S. R. & O. No. 407 of 1942), to a person registered in the Register of Wholesale Tea Dealers under Article 5 of the Emergency Powers (Tea) Order, 1941 (S. R. & O. No. 31 of 1941), shall have effect as a reference to a licensed wholesaler or a holder of a permit under Article 8 of this Order.

(3) This Article shall come into operation on the First day of July, 1947.

SCHEDULE.

TEA (WHOLESALE DISTRIBUTION) ORDER, 1947.

APPLICATION FOR A TEA WHOLESALER'S LICENCE.

To The Secretary,

Department of Industry and Commerce, Dublin.

I/We (name) (1)............................................................ ........................

of (address) (2)

............................................................ ..............................................

hereby apply for a tea wholesaler's licence.

I/We declare that the particulars furnished in this application are true and correct to the best of my/our knowledge and belief.

Signed (3)............................................................ ........

Description (4)............................................................ 

Date..............................................

PARTICULARS OF THE WHOLESALE TEA BUSINESS IN RESPECT OF WHICH THIS APPLICATION IS MADE.

1. Date on which business of selling tea by wholesale was commenced (5)............................................................ ..............................................

2. If applicant acquired the business since the 1st January, 1941, state :

(a) the date of such acquisition..................................................

(b) the name of previous owner...................................................

3. State whether the business is owned by a company, a partnership or an individual............................................................ ...............................

4. If the business is owned by a limited company incorporated in this State indicate :

(a) date of incorporation of Company............................................

(b) registered office of Company.....................................................

5. If the business is owned by a limited company not incorporated in this State, indicate :

(a) whether the Company is registered with the Registrar of Companies, Dublin............................................................ ....................

(b) if so, date of such registration................................................

6. If the business is carried on under a trading name or by a partnership arrangement, state in regard to each of the part-owners :

7. If the business is owned by an individual, state :

(a) place of birth of owner.........................................................

(b) period, if any, of his residence in this State................................

8. If the business, or any part of it, is conducted on an agency basis, name and address of principals :

Name............................................................ .........................

Address............................................................ .........................

Name............................................................ .........................

Address............................................................ .........................

Name............................................................ .........................

Address............................................................ .........................

Name............................................................ .........................

Address............................................................ .........................

9. Stock of tea held by applicant on his own account on date of application

(iv) Address at which stock referred to at (i) above is kept........................ ............................................................ .............

10. Stock of tea held by applicant as agent on behalf of any other person on date of application

(iv) Name and address of the principals on whose behalf such stock is held :

Name............................................................ .....................

Address............................................................ ...............

Name............................................................ .....................

Address............................................................ ...............

(v) Address at which stock included at (i) above is held : ............................................................ ...........................

11. Number of trader customers to whom applicant was authorised under the Emergency Powers (Tea) Order, 1941, as amended, to deliver tea for the purpose of re-sale (6) ....................................... ....................................

12. The total quantity of tea sold to the trader customers, referred to in question 11, during the months of March and April, 1947.........................lbs.

13. Number of traders to whom applicant delivered tea on an agency basis during the months of March and April, 1947..........................................

14. The total quantity of tea delivered to the traders, referred to in question 13, during the months of March and April, 1947.................................lbs

15. Address of the premises from which applicant despatched tea during March and April, 1947 :

............................................................ .........................

............................................................ ............................

............................................................ ............................

16. Address of the premises from which tea despatched by applicant was invoiced to customers :

(a) on own account :

............................................................ ...........................

............................................................ ...........................

............................................................ ...........................

(b) on agency basis :

............................................................ ............................

NOTES.

(1) Full trading name under which the business is being carried on should be stated.

(2) Address of the premises from which the business is being carried on should be stated.

(3) If the application is made on behalf of a partnership, the signature of every partner should be given. If the application is made on behalf of a corporate body it should be signed by the Secretary and scaled with the seal of the body corporate duly authenticated, or be otherwise duly authenticated, in the manner provided by the constitution of the body corporate.

(4) The position in the business of the person or persons signing the application should be stated, e.g., Secretary, Partners, Proprietor, etc.

(5) The date on which the business commenced in this State should be inserted

(6) This figure should represent the total number of trader customers who were entitled to draw quotas of tea from the applicant at the date of this application.

GIVEN under my Official Seal, this 7th day of June, 1947.

(Signed), SEAN F. LEMASS,

Minister for Industry and Commerce.