|
|
Payments by licensees and registered minor curers to the Pigs Marketing Board and by the Pigs Marketing Board to licensees and registered minor curers in certain cases.
|
147.—(1) Whenever the Board, in making a price order, fixes, in respect of pigs of any class to which such order relates, a price (in this sub-section referred to as the appointed price) lower or higher than the price (in this sub-section referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be the proper price for pigs of that class, the following provisions shall have effect, that is to say:—
|
|
| |
(a) the Board shall, in respect of pigs of each such class, state in such order the hypothetical price thereof;
|
|
| |
(b) in case the appointed price for pigs of each such class is less than the hypothetical price for pigs of that class, the Board, shall at the expiration of the sale period to which such order relates, serve a notice on every licensee and every registered minor curer requiring him to pay to the Board, in respect of each pig of each such class purchased by him during such sale period, a sum calculated by reference to the weight of such pig and a price equal to the difference between the appointed price for pigs of that class and the hypothetical price for pigs of that class, and upon service of such notice the moneys required thereby to be paid shall be a debt due and payable by such licensee or registered minor curer to the Board and shall be recoverable as a simple contract debt in a court of competent jurisdiction;
|
|
| |
(c) in case the appointed price for pigs of each such class exceeds the hypothetical price of pigs of that class, the Board may pay to each licensee and each registered minor curer, in respect of each pig of each such class purchased by him during the sale period to which such order relates, such sum as the Board thinks proper subject however to the following limitation, namely, that the total amount payable under this paragraph in respect of all pigs of that class purchased by licensees and registered minor curers during such sale period shall not, unless the Board is of opinion that it is just and equitable that the said total amount should not be so limited, exceed a sum calculated by reference to the total weights of such pigs and a price equal to the difference between the appointed price for pigs of that class and the hypothetical price for pigs of that class.
|
|
| |
In this sub-section the word “pigs” means non-factory purchased pigs.
|
|
| |
(2) Whenever the Board, in making a price order, fixes, in respect of carcases of any grade of any class to which such order relates, a price (in this sub-section referred to as the appointed price) lower or higher than the price (in this sub-section referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be the proper price for carcases of that grade of that class, the following provisions shall have effect, that is to say:—
|
|
| |
(a) the Board shall, in respect of carcases of each such grade of each such class, state in such order the hypothetical price thereof;
|
|
| |
(b) in case the appointed price for carcases of each such grade of each such class is less than the hypothetical price for carcases of that grade of that class, the Board shall, at the expiration of the sale period to which such order relates, serve a notice on every licensee and every registered minor curer requiring him to pay to the Board, in respect of each factory-purchased pig purchased by him during such sale period, the carcase of which is a carcase of that grade of that class, a sum calculated by reference to the weight of such carcase and a price equal to the difference between the appointed price for carcases of that grade of that class and the hypothetical price for carcases of that grade of that class, and upon service of such notice the moneys required thereby to be paid shall be a debt due and payable by such licensee or registered minor curer to the Board and shall be recoverable as a simple contract debt in a court of competent jurisdiction;
|
|
| |
(c) in case the appointed price for carcases of each such grade of each such class exceeds the hypothetical price for carcases of that grade of that class, the Board may pay to each licensee and each registered minor curer, in respect of each factory-purchased pig purchased by him during the sale period to which such order relates, the carcase of which is a carcase of that grade of that class, such sum as the Board thinks proper, subject however to the following limitation, namely, that the total amount payable under this paragraph in respect of all carcases of that grade of that class purchased by licensees and registered minor curers during such sale period shall not, unless the Board is of opinion that it is just and equitable that the said total amount should not be so limited, exceed a sum calculated by reference to the total weights of such carcases and a price equal to the difference between the appointed price for carcases of that grade of that class and the hypothetical price for carcases of that grade of that class.
|
|
| |
In this sub-section the word “carcases” means the carcases of factory-purchased pigs.
|
|
| |
(3) Whenever the Board, in making a price order, divides the classes of carcases into grades and fixes in respect of carcases of any grade of any class a price (in this sub-section referred to as the appointed price) lower or higher than the price (in this sub-section referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be the proper price for carcases of that grade of that class, the following provisions shall have effect, that is to say:—
|
|
| |
(a) the Board shall, in respect of carcases of each such grade of each such class, state in such order the hypothetical price thereof;
|
|
| |
(b) in case the appointed price for carcases of each such grade of each such class is less than the hypothetical price for carcases of that grade of that class, the Board shall, at the expiration of the sale period to which such order relates, serve a notice on every licensee and every registered minor curer requiring him to pay to the Board, in respect of each carcase of that grade of that class purchased by him during such sale period, a sum calculated by reference to the weight of such carcase and a price equal to the difference between the appointed price for carcases of that grade of that class and the hypothetical price for carcases of that grade of that class, and upon service of such notice the moneys required thereby to be paid shall be a debt due and payable by such licensee or registered minor curer to the Board and shall be recoverable as a simple contract debt in a court of competent jurisdiction;
|
|
| |
(c) in case the appointed price for carcases of each such grade of each such class exceeds the hypothetical price for carcases of that grade of that class, the Board may pay to each licensee and each registered minor curer, in respect of each carcase of each such grade of each such class purchased by him during the sale period to which such order relates, such sum as the Board thinks proper, subject however to the following limitation, namely, that the total amount payable under this paragraph in respect of all carcases of that grade of that class purchased by licensees and registered minor curers during such sale period shall not, unless the Board is of opinion that it is just and equitable that the said total amount should not be so limited, exceed a sum calculated by reference to the total weights of such carcases and a price equal to the difference between the appointed price for carcases of that grade of that class and the hypothetical price for carcases of that grade of that class.
|
|
| |
In this sub-section the word “carcases” means carcases of non-factory-purchased pigs.
|
|
| |
(4) Whenever the Board, in making a price order, does not divide the classes of carcases into grades, but fixes in respect of carcases of any class a price (in this sub-section referred to as the appointed price) lower or higher than the price (in this sub-section referred to as the hypothetical price) which, in the opinion of the Board, would, under normal conditions, be the proper price for carcases of that class, the following provisions shall have effect, that is to say:—
|
|
| |
(a) the Board shall, in respect of carcases of each such class, state in such order the hypothetical price thereof;
|
|
| |
(b) in case the appointed price for carcases of each such class is less than the hypothetical price for carcases of that class, the Board shall, at the expiration of the sale period to which such order relates, serve a notice on every licensee and every registered minor curer requiring him to pay to the Board, in respect of each carcase of that class purchased by him during such sale period, a sum calculated by reference to the weight of such carcase and a price equal to the difference between the appointed price for carcases of that class and the hypothetical price for carcases of that class, and upon service of such notice the moneys required thereby to be paid shall be a debt due and payable by such licensee or registered minor curer to the Board and shall be recoverable as a simple contract debt in a court of competent jurisdiction;
|
|
| |
(c) in case the appointed price for carcases of each such class exceeds the hypothetical price for carcases of that class, the Board may pay to, each licensee and each registered minor curer, in respect of each carcase of each such class purchased by him during the sale period to which such order relates, such sum as the Board thinks proper, subject however to the following limitation, namely, that the total amount payable under this paragraph in respect of all carcases of that class purchased by licensees and registered minor curers during such sale period shall not, unless the Board is of opinion that it is just and equitable that the said total amount should not be so limited, exceed a sum calculated by reference to the total weights of such carcases and a price equal to the difference between the appointed price for carcases of that class and the hypothetical price for carcases of that class.
|
|
| |
In this sub-section the word “carcases” means carcases of non-factory-purchased pigs.
|
|
| |
(5) Where the Board are authorised under any of the following provisions of this section, namely, paragraph (c) of sub-section (1), paragraph (c) of sub-section (2), paragraph (c) of sub-section (3) and paragraph (c) of sub-section (4), to pay a sum in respect of any pig or carcase, the Board may pay different sums in respect of a pig or carcase, the bacon derived from which is exported, and in respect of a pig or carcase, the bacon derived from which is not exported.
|
|
| |
(6) Moneys received by the Board under this section from licensees and registered minor curers shall be used for no purpose other than the purpose of making payments under this section to licensees and registered minor curers.
|
