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7 1933

AGRICULTURAL PRODUCE (CEREALS) ACT, 1933

PART IV.

Registration of Flour Importers, Distillers, Wheat Importers, Wheat Dealers, Wheat Growers, Maize Millers, Maize Importers, and Manufacturers of Compound Feeding Stuffs and Restrictions on Carrying on Certain Businesses.

Regulations under Part IV.

44. —(1) The Minister for Industry and Commerce may by order make regulations in relation to any matter or thing referred to in this Part of this Act as prescribed or to be prescribed by that Minister.

(2) The Minister for Agriculture may by order make regulations in relation to any matter or thing referred to in this Part of this Act as prescribed or to be prescribed by the Minister for Agriculture.

Registers to be kept by the Minister for Industry and Commerce and the Minister for Agriculture.

45. —(1) The Minister for Industry and Commerce shall cause to be kept—

(a) a register to be called and known as the register of flour importers; and

(b) a register to be called and known as the register of distillers.

(2) The Minister for Agriculture shall cause to be kept—

(a) a register to be called and known as the register of wheat importers; and

(b) a register to be called and known as the register of wheat dealers; and

(c) a register to be called and known as the register of wheat growers; and

(d) a register to be called and known as the register of maize millers; and

(e) a register to be called and known as the register of maize importers; and

(f) a register to be called and known as the register of manufacturers of compound feeding stuffs.

(3) There shall be entered in every such register the matters required by this Part of this Act to be entered therein.

(4) References in this Part of this Act to a register shall be construed as references to a register kept under this section.

The appropriate Minister.

46. —In this Part of this Act the expression “the appropriate Minister” means—

(a) in relation to the register of flour importers and the register of distillers and persons registered and premises entered in those registers, the Minister for Industry and Commerce, and

(b) in relation to any other register and persons registered and premises entered in such register, the Minister for Agriculture.

Applications for registration.

47. —(1) Any person who carries on or proposes to carry on the business of importing flour or wheaten meal or both may, in accordance with this section, apply to the appropriate Minister to be registered in the register of flour importers in respect of any premises at which he carries on or proposes to carry on such business.

(2) Any person who carries on the business of distilling may, in accordance with this section, apply to the appropriate Minister to be registered in the register of distillers in respect of any premises at which he is entitled by law to carry on such business.

(3) Any person who carries on or proposes to carry on the business of importing wheat may, in accordance with this section, apply to the appropriate Minister to be registered in the register of wheat importers in respect of any premises at which he carries on or proposes to carry on such business.

(4) Any person who carries on or proposes to carry on the business of purchasing home-grown wheat for re-sale may, in accordance with this section, apply to the appropriate Minister to be registered in the register of wheat dealers in respect of any premises at which he carries on or proposes to carry on such business.

(5) Any person who has sown or proposes to sow wheat may, in accordance with this section, apply to the appropriate Minister to be registered in the register of wheat growers in respect of any premises on which he has sown or proposes to sow wheat.

(6) Any person (in this section referred to as a maize miller) who carries on or proposes to carry on the business of milling maize into maize meal may, in accordance with this section, apply to the appropriate Minister to be registered in the register of maize millers in respect of any premises at which he carries on or proposes to carry on such business.

(7) Any person who carries on or proposes to carry on the business of importing maize, may, in accordance with this section, apply to the appropriate Minister to be registered in the register of maize importers in respect of any premises at which he carries on or proposes to carry on such business.

(8) Any person who carries on or proposes to carry on the business of manufacturing compound feeding stuffs may, in accordance with this section, apply to the appropriate Minister to be registered in the register of manufacturers of compound feeding stuffs in respect of any premises at which he carries on or proposes to carry on such business.

(9) The following provisions shall have effect in relation to applications under this section, that is to say:—

(a) where a maize miller desires to be registered in the register of maize millers in respect of two or more premises he shall send a separate application for registration in respect of each such premises;

(b) where a person desires to be registered in two or more registers, he shall send a separate application for registration in respect of each such register;

(c) every application for registration in a particular register kept by the Minister for Industry and Commerce shall be in the form prescribed by that Minister and shall contain the particulars prescribed by that Minister and shall specify the premises in respect of which the applicant applies to be registered in such register;

(d) every application for registration in a particular register kept by the Minister for Agriculture shall be in the form prescribed by that Minister and shall contain the particulars prescribed by that Minister and shall specify the premises in respect of which the applicant applies to be registered in such register.

(10) References in this Part of this Act to an original application for registration shall be construed as a reference to an application for registration made under this section.

Registration of persons.

48. —(1) On receipt of an application for registration in a particular register under and in accordance with the immediately preceding section the appropriate Minister shall, subject to the provisions of the next following section, enter in such register the name and address of the applicant and particulars of the premises specified in such application in respect of which registration is sought.

(2) References in this Act to a registered flour importer, a registered distiller, a registered wheat importer, a registered wheat dealer, a registered wheat grower, a registered maize miller, a registered maize importer and a registered manufacturer of compound feeding stuffs, shall be construed as references to a person for the time being registered in the register of flour importers, a person for the time being registered in the register of distillers, a person for the time being registered in the register of wheat importers, a person for the time being registered in the register of wheat dealers, a person for the time being registered in the register of wheat growers, a person for the time being registered in the register of maize millers, a person for the time being registered in the register of maize importers, and a person for the time being registered in the register of manufacturers of compound feeding stuffs, respectively.

Grounds for refusal of registration in certain registers.

49. —(1) Subject to the provisions of the next following sub-section, the Minister for Industry and Commerce may refuse to register an applicant for registration in the register of flour importers if, in his opinion, the registration of such applicant is, having regard to the number of persons already registered in such register, not desirable in the public interest.

(2) The Minister for Industry and Commerce shall notwithstanding anything in the immediately preceding sub-section, not refuse to register an applicant for registration in the register of flour importers if such applicant was bona-fide engaged either as agent for the importation of flour milled in Great Britain or Northern Ireland or as a direct importer of flour from any country other than Great Britain or Northern Ireland in the business of importing flour during any part of the appointed period, and the application for registration is made not later than one month after the appointed date.

(3) Subject to the provisions of the next following sub-section, the Minister for Agriculture may refuse to register an applicant for registration in the register of wheat importers, the register of wheat dealers, the register of maize importers, or the register of manufacturers of compound feeding stuffs if, in his opinion, the registration of such applicant is, having regard to the number of persons already registered in such register, not desirable in the public interest.

(4) The Minister for Agriculture shall, notwithstanding anything in the immediately preceding sub-section, not refuse to register an applicant for registration in the register of wheat importers or the register of maize importers in respect of any premises if—

(a) in the case of an applicant for registration in the register of wheat importers, either—

(i) such applicant is the holder of a milling licence in respect of such premises, or

(ii) such applicant was bona-fide engaged in the business of importing wheat during any part of the appointed period, and the application for registration is made not later than one month after the appointed date; and

(b) in the case of an applicant for registration in the register of maize importers, such applicant was bona-fide engaged in the business of importing maize during any part of the appointed period, and the application for registration is made not later than one month after the appointed date.

(5) Subject to the provisions of the next following sub-section, the Minister for Agriculture may refuse to register an applicant for registration in the register of maize millers in respect of any premises if, in his opinion, either—

(a) such premises are not suitable and are not adequately equipped for the purposes of the business to which such register relates, or

(b) such premises and the equipment thereon are not in a state of good repair, or

(c) the registration of such applicant is, having regard to the number of persons already registered in such register, not desirable in the public interest.

(6) The Minister for Agriculture shall, notwithstanding anything in the immediately preceding sub-section, not refuse to register an applicant for registration in the register of maize millers in respect of any premises, if such applicant was bona-fide engaged in the business of milling maize at such premises during any part of the appointed period, and the application for registration is made not later than one month after the appointed date.

(7) In this section the expression “the appointed period” means the period commencing on the 1st day of January, 1929, and ending on the 19th day of October, 1932, and the expression “the appointed date” means the date of commencement of this Part of this Act.

Registration in respect of additional premises.

50. —(1) Any person who is registered in any register kept under this Part of this Act may apply to the appropriate Minister to be registered in such register in respect of additional premises and upon receipt of such application the appropriate Minister shall, subject to the provisions of this section, register such person in such register in respect of such additional premises.

(2) The appropriate Minister may refuse to register an applicant for registration in any register kept by him in respect of additional premises (not being premises attached to or adjoining premises in respect of which such applicant is already registered in such register) on any of the grounds on which he would be authorised by the immediately preceding section to refuse to register such applicant, if such application were an original application by such applicant for registration in such register in respect of such additional premises.

Fees on applications for registration and additional registration in the registers of wheat dealers and maize millers.

51. —(1) Subject to the provisions of this section there shall be paid to the Minister for Agriculture by the applicant on every original application for registration in the register of wheat dealers or the register of maize millers, a fee of one pound and where such applicant applies for registration in such register in respect of more than one set of premises an additional fee of one pound in respect of every set of premises over and above one set.

(2) For the purposes of the immediately preceding sub-section an application for registration in respect of additional premises under the immediately preceding section shall be deemed an original application for registration of the applicant.

(3) No fee shall be payable under sub-section (1) of this section on an original application for registration in the register of maize millers in respect of any premises where the applicant was bona-fide engaged in the business of milling maize at such premises during any part of the period commencing on the 1st day of January, 1929, and ending on the 19th day of October, 1932, and the application is made not later than one month after the date of the commencement of this Part of this Act.

Statement of grounds of refusal of application.

52. —Before refusing an application for registration in any register kept by him the appropriate Minister shall serve by registered post on the applicant a notice of such Minister's intention to refuse such application and of the reasons for such refusal and shall consider any representations made by the applicant within one fortnight after the service of such notice.

Certificates of registration.

53. —(1) The appropriate Minister shall on the application of any person who is registered in any register kept by him and upon payment to such Minister by such person of the fee of one shilling issue to such person a certificate of such registration.

(2) Whenever the appropriate Minister has issued to a person who is registered in any register kept by that Minister a certificate of such registration and such person ceases to be registered in such register, the person to whom such certificate was issued shall within three days or (where such person is dead) the personal representative of such person shall within one month after such death deliver to that Minister such certificate of registration.

(3) If any person who is required by the next preceding sub-section to deliver up a certificate of registration fails or neglects so to do in accordance with the said sub-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 two pounds and to a further fine not exceeding five shillings for every day during which such offence is continued.

(4) An offence under this section in relation to a certificate issued under this section by the Minister for Industry and Commerce may be prosecuted by or at the suit of that Minister as prosecutor, and an offence under this section in relation to a certificate issued under this section by the Minister for Agriculture may be prosecuted by or at the suit of that Minister as prosecutor.

Change of registration on death or on transfer of business.

54. —(1) Where any person registered in any register kept dies the appropriate Minister shall, on the application of the personal representative of such person, insert in the said register the name of such personal representative in lieu of that such person.

(2) Where the ownership of any business carried on at premises entered in any register has been transferred to another person, the appropriate Minister shall on the application of such person delete the existing entry of such premises on such register and register such person in such register in respect of such premises.

Returns to be furnished by registered persons (other than wheat growers).

55. —(1) The Minister for Industry and Commerce may by order make regulations in relation to all or any of the following matters, that is to say:—

(a) the returns to be made to him by registered flour importers and registered distillers;

(b) the times at which such returns are to be made;

(c) the forms in which such returns are to be made.

(2) The Minister for Agriculture may by order make regulations in relation to all or any of the following matters, that is to say:—

(a) the returns to be made to him by registered wheat importers, registered wheat dealers, registered maize millers, registered maize importers and registered manufacturers of compound feeding stuffs;

(b) the times at which such returns are to be made;

(c) the forms in which such returns are to be made.

(3) Every person required by regulations made under this section to make any return who fails or refuses to make such return in accordance in all respects with such regulations shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

(4) An offence under this section by a registered flour importer or registered distiller may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.

(5) An offence under this section by a registered wheat importer, a registered wheat dealer, a registered maize miller, a registered maize importer, or a registered manufacturer of compound feeding stuffs may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

Returns by registered wheat growers.

56. —(1) Every registered wheat grower shall, not later than the 30th day of April or such earlier date (if any) as may be prescribed by the Minister for Agriculture in the year 1933, and every subsequent year send to that Minister a return of the area which he has sown under wheat since the next preceding 1st day of August, and every such statement shall be in the form prescribed by that Minister and shall contain the particulars prescribed by that Minister.

(2) In addition to the statements required by the foregoing sub-section, every registered wheat grower shall upon being served by the Minister for Agriculture with a notice send to that Minister within ten days after such service, a return giving such particulars in relation to any wheat sown by him as may be specified in such notice.

(3) If any registered wheat grower fails to comply with the provisions of this section or in any return made under this section makes any statement which is false or misleading in any material respect, such grower shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part III of the First Schedule to this Act.

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

(5) A notice under this section may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at his last known place of abode.

Records to be kept at registered premises.

57. —(1) It shall be the duty of every person registered in the register of flour importers or the register of distillers in respect of any premises to keep or cause to be kept at the appointed place in the form prescribed by the Minister for Industry and Commerce the following records, that is to say:—

(a) if such premises are entered in the register of flour importers, records of all wheaten flour and wheaten meal brought on to or dealt with at such premises and of all dispositions of such flour and meal; or

(b) if such premises are entered in the register of distillers, records of all home-grown millable wheat purchased by him and brought on to such premises and of all dispositions of such wheat;

and within twenty-four hours after such importations, purchases or dispositions to enter or cause to be entered in such records the particulars thereof prescribed by the Minister for Industry and Commerce.

(2) It shall be the duty of every person registered in the register of wheat importers, the register of wheat dealers, the register of maize millers, the register of maize importers, or the register of manufacturers of compound feeding stuffs in respect of any premises to keep or cause to be kept at the appointed place in the form prescribed by the Minister for Agriculture the following records, that is to say:—

(a) if such premises are entered in the register of wheat importers, records of all imported wheat brought on to or dealt with at such premises and of all dispositions of such wheat; or

(b) if such premises are entered in the register of wheat dealers, records of all home-grown millable wheat purchased by him and brought on to or dealt with at such premises and of all dispositions of such wheat; or

(c) if such premises are entered in the register of maize millers, records of all maize and home-grown cereals brought on to such premises, of the quantities of such maize and home-grown cereals milled on such premises into a maize meal mixture and of all dispositions of such maize meal mixture; or

(d) if such premises are entered in the register of maize importers, records of all maize brought on to or dealt with at such premises and of all dispositions of such maize; or

(e) if such premises are entered in the register of manufacturers of compound feeding stuffs, records of all raw materials used in the manufacture of compound feeding stuffs, of all compound feeding stuffs manufactured on such premises and of all dispositions of such feeding stuffs;

and within twenty-four hours after the completion of any such importations, purchases, millings, manufactures or dispositions to enter or cause to be entered in such records the particulars thereof prescribed by the Minister for Agriculture.

(3) Every record kept in pursuance of this section may be inspected at any time during office hours by, in case such record is kept by a registered flour importer or a registered distiller, any inspector of the Minister for Industry and Commerce or, in case such record is kept by a registered wheat importer, a registered wheat dealer, a registered maize miller, a registered maize importer or a registered manufacturer of compound feeding stuffs, any inspector of the Minister for Agriculture and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such inspector on demand such record and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available), reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such record.

(4) If any person liable under this section to keep a record in respect of any premises—

(a) fails to keep or cause to be kept at the appointed place such record as is required by this section, or

(b) fails to make or cause to be made in such record within the time fixed by this section any entry required by this section to be made therein, or

(c) fails to produce or cause to be produced for the inspection of an inspector on demand any record, document, or copy of a document which he is required by this section so to produce, or obstructs any such inspector in the making of such inspection, or

(d) wilfully or negligently makes or causes to be made in such record any entry which is false or misleading in any material particular,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.

(5) For the purposes of this section—

(a) inspection of a record or document shall include taking copies thereof or extracts therefrom; and

(b) a demand for an inspection of a record required by this section to be kept in respect of any premises or of any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or explaining any omission from such record shall be deemed to have been duly made to the person liable under this section to keep such record if such demand is made verbally at the appointed place to any individual in the employment of such person; and

(c) a refusal or failure to produce a record required by this section to be kept in respect of any premises or any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or any omission from such record if made or committed at the appointed place by an individual in the employment of the person liable under this section to produce such record or document shall be deemed to have been made or committed by such person; and

(d) the expression “the appointed place” in relation to any premises entered in the register of distillers or the register of maize millers or the register of manufacturers of compound feeding stuffs, means—

(i) in case the office work in connection with such premises is carried on at a building in the vicinity of but not forming part of such premises, such building, and

(ii) in any other case, the place at such premises where such office work is carried on; and

(e) the expression “the appointed place” in relation to any premises entered in the register of flour importers, the register of wheat importers, the register of wheat dealers, or the register of maize importers means—

(i) where such premises are used for the storage of flour, wheat or maize (as the case may be)—

I. in case the office work in connection with such premises is carried on at a building in the vicinity of but not forming part of such premises, such building, and

II. in any other case, the place in such premises where such office work is carried on, and

(ii) where such premises consist of offices only, such premises; and

(f) the expression “office hours” means—

(i) in relation to any day (not being a Sunday, a bank holiday, or a locally observed holiday or half-holiday), any time between the hours of ten o'clock in the morning and five o'clock in the afternoon during which business is being carried on or work is being done at the appointed place, and

(ii) in relation to any locally observed half-holiday, any time between the hours of ten o'clock in the morning and one o'clock in the afternoon during which business is being carried on or work is being done at the appointed place.

(6) An offence under this section, if committed by a registered flour importer, or a registered distiller, may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor.

(7) An offence under this section, if committed by a registered wheat importer, a registered wheat dealer, a registered maize miller, a registered maize importer, or a registered manufacturer of compound feeding stuffs, may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

Custody of and evidence of contents of registers.

58. —(1) The registers shall respectively be—

(a) deemed to be in the proper custody when in the custody of the appropriate Minister or of any officer of that Minister authorised in that behalf by that Minister; and

(b) admissible in evidence without further proof on production from the proper custody.

(2) Prima facie evidence of any entry in any register may be given in any legal proceeding by the production of a copy of such entry certified to be a true copy under the seal of the appropriate Minister.

(3) A certificate under the seal of the appropriate Minister that any person specified in such certificate is not registered in any specified register or registers kept by that Minister shall in any legal proceeding be prima facie evidence of the facts so certified.

(4) Any person may—

(a) inspect any register on payment to the appropriate Minister of the fee of one shilling;

(b) obtain a copy, certified in manner hereinbefore mentioned to be a true copy, of any entry in any register on payment to the appropriate Minister of the fee of one shilling;

(c) obtain such certificate as is hereinbefore mentioned that any specified person is not registered in one of the said registers kept by the Minister for Industry and Commerce on payment to that Minister of the fee of one shilling;

(d) obtain such certificate as is hereinbefore mentioned that any specified person is not registered in one of the said registers kept by the Minister for Agriculture on payment to that Minister of the fee of one shilling.

Publication of contents of registers, etc.

59. —(1) The appropriate Minister may publish in such manner as he may think fit—

(a) all or any of the matters entered in any register kept by him; and

(b) notice of the cancellation or alteration by him of the registration of any person registered in a register kept by him.

(2) No individual return or part of a return furnished in pursuance of this Part of this Act shall be published or disclosed except for the purposes of a prosecution under this Act.

(3) The appropriate Minister may from time to time collect and publish such statistical information (including statistics derived from returns made to him pursuant to this Part of this Act) with respect to the extent of the businesses carried on by persons registered in any register kept by him as he may think fit.

(4) So far as is reasonably practicable, no statistical information published under the immediately preceding sub-section shall contain any particulars which would enable any person to identify such particulars as being particulars relating to any individual person, business or concern without the consent in writing of that person or of the proprietor of that business or concern.

Inspection of registered premises.

60. —(1) An inspector shall be entitled at all reasonable times to enter any premises entered in any register (other than the register of wheat growers) or the premises of any person who has made an application for registration in any such register in respect of such premises, and there do all or any of the following things, that is to say:—

(a) examine any wheat (whether imported or home-grown), flour, wheaten meal, maize, maize meal, home-grown cereals (other than wheat), offals or screenings of wheat or other cereals, maize meal mixture, raw materials for the manufacture of compound feeding stuffs or compound feeding stuff, found on such premises, and take reasonable samples of such wheat, flour, wheaten meal, maize, maize meal, home-grown cereals (other than wheat), offals or screenings of wheat or other cereals, maize meal mixture, raw materials for the manufacture of compound feeding stuffs or compound feeding stuff, and

(b) if such premises are not registered in the register of distillers or are not the subject of an application for registration in such register inspect all or any part of such premises and the equipment, appliances and fittings therein.

(2) Any inspector shall be entitled at all reasonable times to enter upon any premises entered in or the subject of an application for entry in the register of wheat growers and to inspect all or any part of such premises or the crop of wheat growing or grown thereon or the produce of such crop.

(3) Every person who shall obstruct or impede any inspector in the exercise of any of the powers conferred 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, to a fine not exceeding five pounds or, in the case of a second or any subsequent offence, to a fine not exceeding ten pounds.

(4) An offence under this section if committed on premises entered in or the subject of an application for entry in the register of flour importers, or the register of distillers may be prosecuted by or at the suit of the Minister for Industry and Commerce as prosecutor, and if committed on any premises entered in or the subject of an application for entry in any other register may be prosecuted by or at the suit of the Minister for Agriculture as prosecutor.

(5) In this section the expression “an inspector” means—

(a) in relation to premises entered in or the subject of an application for entry in the register of flour importers, or the register of distillers, an inspector of the Minister for Industry and Commerce, and

(b) in relation to premises entered in or the subject of an application for entry in any other register, an inspector of the Minister for Agriculture.

Alteration or cancellation of registration.

61. —(1) The appropriate Minister may, at any time, alter the registration of any person in any register kept by him upon the application of such person, or, in the case of an individual, his personal representative or, in the case of a body corporate, the liquidator.

(2) The appropriate Minister shall cancel the registration of any person in any register kept by him upon the application of such person or, in the case of an individual, his personal representative or, in the case of a body corporate, the liquidator.

(3) The appropriate Minister may at any time without such application as aforesaid alter any registration in any register kept by him in any respect in which such registration appears to him to be erroneous or misleading.

(4) The appropriate Minister may at any time without any such application as aforesaid cancel any registration in any register kept by him if—

(a) he is satisfied that the registration was procured through fraud or by misrepresentation; or

(b) the person registered in such register has ceased to carry on the business in respect of which he was so registered; or

(c) the person registered in such register, if an individual, has died, or, if a body corporate, has been dissolved and no other person has within three months after such death or dissolution, been registered in the place of the registered person so dead or dissolved; or

(d) the person registered in such register has been adjudicated a bankrupt; or

(e) the person registered in such register has been convicted of an offence under this Act.

(5) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any person, the appropriate Minister shall give at least one month's notice in writing to such person or his personal representative (if any) or its liquidator (as the case may be) stating his intention so to alter or cancel such registration and the reasons therefor, and whenever any such notice is so given the following provisions shall have effect, that is to say:—

(a) that Minister shall not alter or cancel such registration until the expiration of such notice; and

(b) where any representations are made before the expiration of such notice by the person to whom such notice is given, the following provisions shall have effect, that is to say:—

(i) that Minister shall consider such representations, and

(ii) unless as a result of such consideration he decides not to alter or cancel such registration, that Minister, in case such person, before such expiration, requests that an inquiry be held in relation to the matter, shall or, in any other case if he thinks fit so to do, may cause such inquiry to be held, and

(iii) where that Minister causes any such inquiry to be held, he shall not alter or cancel such registration until such inquiry has concluded.

(6) A notice of the appropriate Minister's intention to cancel or alter a registration may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at his last known place of abode.

Prohibition of carrying on businesses of purchasing home-grown wheat for re-sale, maize milling, and manufacturing compound feeding stuffs by unregistered persons.

62. —(1) It shall not be lawful for any person to carry on the business of purchasing home-grown wheat for re-sale unless—

(a) such person is a registered wheat dealer, and

(b) such business is carried on at premises in respect of which such person is registered in the register of wheat dealers.

(2) It shall not be lawful for any person to mill maize unless either—

(a) (i) such person is a registered maize miller, and

(ii) such maize is milled at premises in respect of which such person is registered in the register of maize millers; or

(b) such person is the Minister for Agriculture; or

(c) such maize is milled under and in accordance with a licence granted under this section.

(3) The Minister for Agriculture may by licence authorise any person who is not a registered maize miller subject to compliance with such conditions as he thinks fit to impose to mill at any premises specified in such licence maize either, as the said Minister thinks proper, without limit as to time or quantity or either of them or within a specified time or in a specified quantity.

(4) It shall not be lawful for any person to manufacture any compound feeding stuff unless—

(a) such person is a registered manufacturer of compound feeding stuffs; and

(b) such compound feeding stuff is manufactured—

(i) under and in accordance with a licence granted by the Minister for Agriculture under this section, and

(ii) at premises in respect of which such person is registered in the register of manufacturers of compound feeding stuffs.

(5) The Minister for Agriculture may, after consultation with the Minister for Industry and Commerce, grant to any registered manufacturer of compound feeding stuffs a licence authorising him, subject to such conditions as the Minister for Agriculture may think fit to impose, to manufacture any specified compound feeding stuff either, as the said Minister thinks proper, without limit as to time or quantity or either of them or within a specified time or in a specified quantity.

(6) 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 the penalties mentioned in Part II of the First Schedule to this Act.

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

(8) Nothing in this section shall be construed as affecting the operation of the Control of Manufactures Act, 1932 (No. 21 of 1932).