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7 1933

AGRICULTURAL PRODUCE (CEREALS) ACT, 1933

PART III.

Subsidies on Wheat Milled at Inland Mills.

“The Minister” in Part III.

37. —In this Part of this Act the expression “the Minister” means the Minister for Industry and Commerce.

Inland Mills.

38. —For the purposes of this Part of this Act every mill (other than a mill which is situate within five miles from the principal post office in the county boroughs of Dublin, Cork or Limerick), shall be an inland mill.

Rates of subsidy.

39. —(1) The Minister for Finance may, from time to time, after consultation with the Minister, by order (in this Part of this Act referred to as a subsidy (rate) order) fix by reference to weight, subject to the provisions of this section, the rate of subsidy to be paid under this Part of this Act on wheat milled at any specified inland mill.

(2) A subsidy (rate) order may relate to several inland mills, and in such case such order may fix separate, or different rates of subsidy in relation to some or all of such mills.

(3) The Minister for Finance may, after consultation with the Minister, by order (in this Part of this Act referred to as a variation order) under this sub-section revoke or amend any subsidy (rate) order.

(4) The rate or the several rates of subsidy fixed by an order under this section shall not exceed one shilling for every four hundred pounds of wheat milled.

(5) Every order under this section shall be laid before Dáil Eireann as soon as may be after it is made, and if a resolution annulling such order is passed by Dáil Eireann within the next subsequent twenty-one days on which Dáil Eireann has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

Subsidies on wheat milled at inland mills.

40. —(1) The Minister may, with the consent of the Minister for Finance, out of moneys provided by the Oireachtas, pay during such period as the Minister may by order under this sub-section appoint subsidies on all wheat (subject to the limitations (if any) imposed under the next following sub-section) milled at an inland mill, which is the subject of a milling licence and of a subsidy (rate) order for the time being in force, at the rate fixed in respect of such mill by such order or by such order as amended by a variation order

(2) The Minister may revoke or amend an order under the immediately preceding sub-section.

(3) Whenever a subsidy (rate) order is made in relation to an inland mill, the Minister for Finance, after consultation with the Minister, may from time to time by order under this sub-section declare that where in a cereal year the wheat milled at such mill exceeds in amount the amount (in this sub-section referred to as the maximum) fixed by such order, no subsidy shall be paid on any wheat milled at such mill in any cereal year which is in excess of the maximum, and whenever any such order in relation to an inland mill is in force and there is milled at such mill in any cereal year wheat in excess of the maximum fixed by such order, no subsidy shall be paid on any wheat milled at such mill in such cereal year in excess of the maximum fixed by such order in relation to such mill.

(4) The Minister for Finance may, after consultation with the Minister, revoke or amend an order under the immediately preceding sub-section.

(5) Every subsidy paid under this Part of this Act in respect of any wheat milled at an inland mill shall be paid to the person who was the holder of the milling licence in respect of such mill at the time such wheat was milled or the personal representative or (in the case of a body corporate) the liquidator of such person and in any case shall be paid at such time, calculated in such manner, and on such quantities of wheat as shall be prescribed.

(6) All claims for payment of a subsidy under this Part of this Act shall be made to and determined by the Minister and the decision of the Minister on any such claim shall be final and conclusive, but may be revoked or amended at any time by the Minister on the ground of fraud, misrepresentation or mistake.

(7) No subsidy shall be paid on any wheat milled by the Minister under Part VIII of this Act.

(8) Every order under sub-section (1) of this section shall be laid before Dáil Eireann as soon as may be after it is made, and if a resolution annulling such order is passed by Dáil Eireann within the next subsequent twenty-one days on which Dáil Eireann has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

Recovery of over-payments of subsidies.

41. —(1) If it is found at any time that any person has obtained any payment by way of subsidy under this Part of this Act to which or to part of which he was not lawfully entitled, the amount of that payment or of that part of the payment may, irrespective of the amount thereof and without prejudice to any criminal liability in respect thereof, be recovered by civil proceedings at the suit of the Minister in either the High Court, the Circuit Court or the District Court.

(2) In any proceedings under this section a certificate in writing signed by the Minister stating that a person has obtained a payment of a specified amount by way of subsidy under this Part of this Act and that such person was not entitled to such payment or to a specified part thereof shall be prima facie evidence of those matters as stated in such certificate.

(3) All moneys recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Regulations under Part III.

42. —The Minister may with the consent of the Minister for Finance by order make regulations for all or any of the following purposes, that is to say:—

(a) prescribing any matter or thing referred to in this Part of this Act as prescribed;

(b) prescribing the requirements, agreements, and evidence to be complied with, entered into or given by persons claiming or intending to claim subsidies under this Part of this Act for the purpose of proving their right to and the amount of such subsidies.

False statements in relation to subsidies.

43. —(1) If any person for the purposes of obtaining a subsidy under this Part of this Act for himself or any other person makes any statement or representation in writing which is false or misleading in any material particular, such person and, in the case of a body corporate, every director, manager and secretary thereof, shall, unless he proves that he did not know and could not with reasonable diligence have ascertained that the statement was false or misleading as aforesaid or, in the case of a director, manager or secretary of a body corporate making such statement, that the statement or representation was made without his knowledge, or without his consent, be guilty of an offence under this section and be liable on summary conviction thereof to the penalties mentioned in Part I. of the First Schedule to this Act.

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