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37 1934

TOBACCO ACT, 1934

PART III.

Disposition of Tobacco of Each Season's Crop.

Notification by growers of arrangements for curing and rehandling, etc.

32. —(1) Every holder of a grower's licence authorising the growing of tobacco in the year 1934 or any subsequent year shall send to the Minister, in case such licence relates to the year 1934, before the 30th day of September, 1934, or, in case such licence relates to any subsequent year, before the 30th day of June in such year, a return in the form prescribed by the Minister specifying—

(a) particulars of the area of tobacco planted by him in the year to which such licence relates;

(b) in case he proposes to cure such tobacco, particulars of his equipment for curing tobacco;

(c) in case he proposes to have such tobacco cured by some other person, the name and address of that other person;

(d) the rehandling station at which he proposes to deliver the tobacco grown by him in the year to which such licence relates.

(2) It shall not be lawful for any holder of a grower's licence to deliver tobacco grown by him in any year to any rehandling station other than the rehandling station specified in the return made by him under the immediately preceding sub-section in relation to such tobacco, unless he has first received the consent of the Minister to his delivering such tobacco at some other rehandling station.

(3) If any holder of a grower's licence either—

(a) fails to comply with the provisions of sub-section (1) of this section, or

(b) acts in contravention of the provisions of sub-section (2) of this section,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(4) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

Purchase of tobacco from growers by rehandlers.

33. —(1) Subject to the provisions of this section, every person who is the holder of a rehandler's licence shall purchase, at the price and on the terms and conditions applicable to such purchase under this Part of this Act, at the premises to which such licence relates all tobacco in a suitable condition for rehandling grown by the holder of a grower's licence in the year to which such rehandler's licence relates and offered for sale in accordance with the provisions of this Act at such premises before the 31st day of December in the year in which such tobacco was grown, or such later date as the Minister may fix in relation to tobacco grown in that year.

(2) Any holder of a rehandler's licence who desires to refuse to purchase the tobacco or any part of the tobacco offered for sale to him under the immediately preceding subsection shall forthwith intimate to the vendor his intention to so refuse and apply to the Minister to be exempted from the obligation to purchase such tobacco.

(3) The Minister may, if he so thinks fit, on the application under this section of any holder of a rehandler's licence exempt such holder from the obligation to purchase the tobacco to which such application relates otherwise imposed by this section on such holder.

(4) If any holder of a rehandler's licence fails to comply with the obligation imposed on him by this section, such holder shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding twenty-five pounds or, in the case of a second or any subsequent offence under this section, to a fine not exceeding one hundred pounds.

(5) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

Restriction on disposal or sale of unmanufactured tobacco.

34. —(1) It shall not be lawful for any person who is the holder of a grower's licence authorising him to grow tobacco in a particular year to dispose of, otherwise than under the authority of the Revenue Commissioners granted after consultation with the Minister, any unmanufactured tobacco grown in that year to any person, other than a person who is the holder of a grower's licence authorising him to grow tobacco in that year, or a person who is the holder of a curer's licence authorising him to cure tobacco grown in that year or a person who is the holder of a rehandler's licence authorising him to rehandle tobacco grown in that year.

(2) It shall not be lawful for any person who is the holder of a curer's licence authorising him to cure tobacco grown in a particular year to sell unmanufactured tobacco grown in that year to any person other than a person who is the holder of a rehandler's licence authorising him to rehandle tobacco grown in that year.

(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 a fine not exceeding fifty pounds.

Relative value of tobacco of each supplier.

35. —(1) For the purposes of determining the rate of participation of each supplier of tobacco grown in a particular year delivered to any rehandling station in the total basic prices of all the packages of tobacco grown in that year rehandled at such rehandling station, the rehandler shall, at such stage in the process of rehandling as may be prescribed by the Minister and while the tobacco of each supplier is separate from that of other suppliers, calculate, in accordance with regulations made under this section, the value of all the tobacco (being tobacco suitable for manufacture) of such supplier, and references in this Act to the relative value of tobacco grown in a particular year supplied to a rehandling station by any person shall be construed as references to the value as calculated under this sub-section of tobacco grown in that year supplied to such rehandling station by such person.

(2) The Minister shall by order make regulations prescribing the processes to which tobacco, the value of which is to be calculated under the immediately preceding sub-section, is to be subjected before such calculation is made, and the method by which such calculation is to be made, and may by such regulations provide that such calculation shall take into account all or any of the following things, that is to say, the grades, classes or kinds of such tobacco, the moisture contained in such tobacco, the state of such tobacco at different stages in the process of rehandling and any other matter which the Minister may think fit.

(3) If any rehandler fails to comply with the provisions of this section such rehandler shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(4) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

Packing of tobacco at rehandling stations, and delivery of particulars to Minister.

36. —(1) All tobacco grown in any year and delivered to a rehandling station and which is suitable for manufacture shall be packed by the rehandler in accordance with the direction of the Minister, and every package shall be marked with such identifying marks as the Minister may direct.

(2) As soon as all tobacco grown in any year and delivered to a rehandling station has been dealt with in accordance with the immediately preceding sub-section, the rehandler shall prepare and send to the Minister a full list of the packages specifying in respect of each package such particulars as the Minister may direct.

(3) Any person who fails to comply with the obligations imposed on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding fifty pounds or, in the case of a second or any subsequent offence under this section, to a fine not exceeding two hundred and fifty pounds or to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

(4) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

Pricing of packages of tobacco.

37. —(1) When tobacco grown in any year packed at a rehandling station is deposited in a bonded warehouse, the Minister shall cause the tobacco in each package to be priced on the basis of the price which an importer would give for the tobacco in such package if it were imported into and delivered in bond at the place of importation in Saorst[html]t Eireann, and the price so fixed in respect of the tobacco in such package less any allowance which the Minister may, having regard to the usage of the trade, direct to be made, shall, for the purposes of this Act, be the basic price of such package.

(2) Any charges payable to the proprietor of a bonded warehouse in respect of anything done for the purpose of the pricing under this section of tobacco deposited in such warehouse shall be paid by the person to whom such tobacco belongs.

Catalogues of packages.

38. —(1) As soon as all the packages representing the tobacco grown in any year rehandled at a rehandling station have been priced the Minister shall forthwith prepare a catalogue of all such packages showing in respect of each package the identifying marks thereon and the price thereof (in this Act referred to as the catalogue price) which shall consist of—

(a) the basic price of such package, and

(b) in respect of each pound of tobacco in such package an additional sum equal to the difference per pound between the excise and customs duty on tobacco of the class in such package.

(2) The Minister shall send to both the Minister for Industry and Commerce and the rehandler concerned a copy of every catalogue prepared by him under this section as soon as the preparation of such catalogue is completed.

Returns by manufacturer.

39. —(1) Every manufacturer shall, not later than such date as may be prescribed by the Minister for Industry and Commerce in relation to the year 1934 and not later than the 1st day of September in the year 1935 and every subsequent year, send to that Minister a return in the form prescribed by that Minister, showing the quantities, types, and classes of tobacco used by him for manufacturing purposes during the period of twelve months ending on the 5th day of July in such year and the quantities and classes of manufactured tobacco produced therefrom.

(2) Every manufacturer who fails, neglects, or refuses to comply with the obligations imposed on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.

Sale Orders.

40. —(1) As soon as may be after all the catalogues of packages of tobacco grown in any year have been delivered to the Minister for Industry and Commerce, the said Minister shall allocate all the packages of tobacco comprised in such catalogue amongst all manufacturers in such manner as the said Minister thinks proper having regard to the quantity, classes, and types of tobacco manufactured by each such manufacturer during the period of twelve months ending on the 5th day of July of the previous year, and in making such allocation the said Minister shall allocate specified packages of tobacco packed by particular rehandlers to particular manufacturers.

(2) As soon as any allocation has been made under the immediately preceding sub-section the Minister for Industry and Commerce shall serve on every manufacturer to whom any specified packages of tobacco packed by a particular rehandler have been allocated and on such rehandler an order (in this Act referred to as a sale order) requiring such rehandler to sell and within a specified time to deliver to such manufacturer and such manufacturer to purchase from such rehandler at a sum equal to the total of the catalogue price of each such package such specified packages of tobacco, and such order shall specify the time within which such sum is to be paid, the time and place at which the tobacco is to be delivered to such manufacturer, and such other terms of sale as the said Minister shall think necessary.

(3) In this Act the expression “the vendor” and “the purchaser” in relation to a sale order mean respectively the person required by such order to sell and the person required by such order to purchase the tobacco to which such order relates.

Effect of service of sale order.

41. —(1) Where a sale order has been duly served on the vendor and purchaser, the following provisions shall have effect, that is to say:—

(a) the vendor and the purchaser shall be deemed to have entered into a contract in terms of the requirements of such order;

(b) if the requirements of such order are not complied with—

(i) the vendor shall, unless he proves to the satisfaction of the court that such non-compliance was due to the acts or default of the purchaser, be guilty of an offence under this section, and

(ii) the purchaser shall, unless he proves to the satisfaction of the court that such non-compliance was due to the acts or default of the vendor, be guilty of an offence under this section.

(2) Every person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.

Rehandler's charges.

42. —As soon as may be in each year the Minister shall by order make regulations (in this Act referred to as the rehandlers (charges) regulations) fixing the charges to be made by rehandlers in respect of the rehandling by them of tobacco grown in that year.

Prices to be paid by rehandlers to suppliers of tobacco.

43. —(1) As soon as may be after a catalogue of the packages of tobacco grown in any year and rehandled at a rehandling station has been prepared, the following provisions shall have effect, that is to say—

(a) the Minister shall by order allocate, amongst the persons who supplied to such rehandling station such tobacco the bonus in such proportions as the Minister, having regard to the quantity and quality of the tobacco supplied by each of such persons, and the desirability of encouraging the growth of high class tobacco, thinks proper, and send a copy of such order to the rehandler;

(b) the rehandler shall, within thirty days after the receipt by him of such order, pay to each supplier of any of such tobacco a sum which bears to the total basic prices of such packages the same proportion as the relative value of all the tobacco grown in that year and supplied by such supplier to such rehandling station bears to the sum of the several relative values of all the tobacco grown in that year and supplied to such rehandling station and also the sum allocated to him under such order, and shall furnish to each such supplier a statement in the form prescribed by the Minister showing the way in which the amount payable to him under this paragraph is calculated.

(2) Where—

(a) a catalogue of the packages of tobacco grown in any year and rehandled at a rehandling station has been prepared, and

(b) the Minister is satisfied that a substantial quantity of the tobacco (being tobacco suitable for manufacture) grown in such year and delivered to such rehandling station was destroyed or so damaged as to be unfit for use,

the Minister may by order—

(i) in case all the tobacco so damaged or destroyed was supplied by one person, direct the rehandler to pay such person an amount equivalent to a sum which in the opinion of the Minister is the value of the tobacco so damaged or destroyed;

(ii) in any other case, allocate a sum which is in his opinion the value of the tobacco so destroyed or damaged amongst some or all of the persons who supplied tobacco to such rehandling station in such proportions as he thinks proper, and direct the rehandler to pay to every person to whom any part of such sum has been allocated, in addition to any amount payable to such person under the immediately preceding sub-section, an amount equal to such part.

(3) Where—

(a) tobacco grown in any year has been delivered to a rehandling station, and

(b) before such tobacco has been put into packages and the price of each package fixed under this Act, all such tobacco has been destroyed or become so damaged as to be unfit for use,

the Minister shall, in respect of every person who supplied tobacco grown in that year to such rehandling station, estimate the value of the tobacco supplied by such person and by order direct the rehandler to pay to such person such value.

(4) Any sum payable under subsection (1) of this section by a rehandler to a supplier or directed by an order under sub-sections (2) or (3) of this section to be paid by a rehandler to a supplier shall be a debt due by such rehandler to such supplier and shall be recoverable as a simple contract debt in a court of competent jurisdiction.

(5) In this section the expression “the bonus” when used in relation to the packages of tobacco specified in a catalogue means the amount arrived at by deducting from the total of the catalogue prices of such packages an amount equal to the sum of the following, that is to say:—

(a) the total of the basic prices of such packages, and

(b) the charges in respect of the rehandling of the tobacco comprised in such packages which the rehandler is entitled to make in accordance with the rehandler's (charges) regulations.

(6) If any rehandler fails, neglects, or refuses to furnish to any supplier any statement which he is required by sub-section (1) of this section to furnish to such supplier, such rehandler shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(7) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

Use of home-grown tobacco by manufacturers.

44. —(1) Where the Minister for Industry and Commerce has by means of sale orders allocated amongst manufacturers the whole of the tobacco grown in any year, he shall serve on every manufacturer to whom he has allocated by means of a sale order or orders any of such tobacco an order requiring such manufacturer to use for the purposes of manufacture, within a period of twelve months or such longer period as the Minister for Industry and Commerce after consultation with the Minister for Agriculture may fix from the date of the service of such last-mentioned order, all the tobacco allocated to him, and may by such order direct that all or specified parts of such tobacco shall be used for particular specified purposes.

(2) If any manufacturer upon whom an order has been served under this section fails, neglects or refuses to comply with the requirements of such order, such manufacturer shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section to a fine not exceeding one hundred pounds or, in the case of a second or any subsequent offence under this section, a fine not exceeding five hundred pounds or imprisonment for any term not exceeding six months or to both such fine and imprisonment.

(3) An offence under this section may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.

Service of Orders.

45. —(1) Where an order is required by this Part of this Act to be served on any person, such order shall be served on such person in one or other of the following ways, that is to say:—

(a) by delivering to such person a copy of such order certified to be a true copy under the Official Seal of the Minister for Industry and Commerce;

(b) by sending by post in a prepaid registered letter addressed to such person at the address at which he carries on business a copy of such order certified to be a true copy under the Official Seal of the said Minister.

(2) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office, and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business.