PART III.

Importation of Cement.

12. —(1) For the purposes of this Part of this Act, cement shall be deemed to have been manufactured in a particular country if, but only if, either—

(a) the prescribed proportion of its value is derived from expenditure of a prescribed kind incurred in that country in respect of materials produced or work done in that country, or

(b) the prescribed operations connected with its production have been carried out in that country.

(2) The Minister may make regulations in relation to any matter referred to in sub-section (1) of this section as prescribed, and the word “prescribed” in the said sub-section means prescribed by such regulations.

13. —(1) It shall not be lawful for any person to import any cement unless—

(a) such cement is imported under and in accordance with a licence issued by the Minister under this Part of this Act; or

(b) such cement is imported for the purposes only of transit and subsequent exportation.

(2) For the purposes of sub-section (1) of this section every licence granted by the Minister under Part V of the Principal Act and in force immediately before the commencement of this Act shall continue in force and be deemed to be a licence issued by the Minister under this Part of this Act.

(3) If any person imports any cement 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, in the case of a first offence under this section, 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 two hundred pounds.

(4) Cement prohibited to be imported by virtue of this section shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.

14. —(1) On the application of any person made in such form and containing such particulars as the Minister may direct, the Minister may, if he thinks fit, issue to such person a licence (in this Part of this Act referred to as an import (cement) licence) to import within a specified period a specified quantity of cement.

(2) Whenever the Minister issues an import (cement) licence to import cement he may attach to such licence any one or more of the following conditions, that is to say:—

(a) a condition that such cement shall be of a specified kind;

(b) a condition that such cement shall be imported from a specified country;

(c) a condition that such cement shall be cement manufactured in a specified country;

(d) a condition that such cement shall be imported at a specified port or place or by a specified route;

(e) a condition that such cement shall not be imported in more than a specified number of consignments;

(f) such other conditions as he thinks fit.

(3) Whenever the Minister attaches any conditions to an import (cement) licence, he shall specify such conditions in such licence.

(4) Whenever the Minister attaches to an import (cement) licence any conditions, the Minister may at the request of the licensee delete or alter all or any one or more of such conditions.

(5) Every person who, for the purpose of obtaining for himself or any other person an import (cement) licence, makes any statement or representation which is to his knowledge false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

15. —(1) There shall be payable to the Minister in respect of every import (cement) licence a fee calculated by reference to the number of tons of cement authorised by such licence to be imported and at such rate per ton as the Minister may, with the concurrence of the Minister for Finance, fix in respect of such licence, and the payment of such fee shall be a condition precedent to the issue of such licence.

(2) The following provisions shall apply in respect of all fees paid to the Minister under this section, that is to say:—

(a) such fees shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance;

(b) the Public Offices Fees Act, 1879, shall not apply in respect of such fees.

16. —(1) The licensee under an import (cement) licence shall, not later than twenty-eight days after the date on which the period specified in such licence expires or the date on which the quantity of cement authorised by such licence to be imported is imported, whichever of the said dates is the later, return such licence to the Minister.

(2) If the licensee under a cement (import) licence fails, neglects, or refuses to comply with provisions of this section, such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

17. —The Minister may, on the application of the licensee under an import (cement) licence or under a licence granted by the Minister under Part V of the Principal Act, revoke such licence.

18. —(1) Where the Minister revokes an import licence, he shall repay to the licensee the fee paid by him in respect of such licence.

(2) Whenever the quantity of cement imported under an import licence is less than the quantity of cement authorised by such licence to be imported, the Minister shall repay to the licensee under such licence so much of the fee paid in respect of such licence as is proportionate to the difference between the quantity of cement imported under such licence and the quantity of cement authorised by such licence to be imported.

(3) Where the Minister is satisfied that any cement imported under an import licence has become unfit for use the Minister may repay to the licensee the fee paid by him in respect of such licence.

(4) In this section the expression “import licence” shall be construed as equivalent to the expression “an import (cement) licence or a licence granted under Part V of the Principal Act.”