Agricultural Produce (Cereals) Act, 1933

Records to be kept at licensed mills.

32.—(1) It shall be the duty of every person who is the holder of a milling licence in respect of a mill to keep or cause to be kept at the appointed place the following records in the prescribed form, that is to say:—

(a) in respect of imported wheat brought on to such mill—

(i) a record of all purchases and dispositions of such wheat, and

(ii) a record of the quantity of such wheat milled at such mill into flour and meal respectively, and

(iii) a record of all dispositions of such flour and meal respectively;

(b) in respect of home-grown wheat brought on to such mill—

(i) a record of all purchases and dispositions of such wheat, and

(ii) a record of the quantity of such wheat milled at such mill into flour and meal respectively, and

(iii) a record of all dispositions of such flour and meal respectively;

and within twenty-four hours after the completion of any such purchases, millings, or dispositions to enter in the said records the prescribed particulars thereof.

(2) Every record kept in pursuance of this section may be inspected at any time during office hours by an inspector of the Minister for Industry and Commerce 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 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.

(3) If any person—

(a) fails to keep or cause to be kept such record as is required by this section to be kept or caused to be kept by him; 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 by him therein; or

(c) fails to produce or cause to be produced for inspection by an inspector of the Minister for Industry and Commerce on demand any record, document, or copy of a document which he is required by this section 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;

he 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.

(4) For the purpose of this section—

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

(b) a demand for inspection of a record or document shall be deemed to have been duly made to the holder of a milling licence in respect of a mill if such demand is made verbally at the appointed place to any person in the employment of such holder; and

(c) a refusal or failure to produce a record or other document for inspection, if made or committed by a person in the employment of the holder of a milling licence in respect of a mill at the appointed place shall be deemed to have been made or committed by such holder; and

(d) the expression “the appointed place” in relation to a mill means—

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

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

(e) 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.