Civil Aviation Act, 2009
R 385
Agricultural Produce Agents Act, 1992 (Act No. 12 of 1992)24. Inspection and investigation |
[Section 24 heading substituted by section 22 of Act No. 47 of 2003]
| (1) | The council may, either of its own accord or as a result of a complaint, charge or allegation lodged with it, institute an inspection and investigation into the conduct of a fresh produce agent, or person in the employ of such fresh produce agent, or into a contravention of this Act or the rules by such fresh produce agent or employee. |
| (1A) | An inspection and investigation referred to in subsection (1) shall be conducted in accordance with the provisions of section 27(4). |
| (1B) | On receipt of the results of an inspection and investigation referred to in subsection (1) the council may decide to charge the fresh produce agent or employee concerned with a contravention of this Act or the rules, and shall, on so deciding— |
| (a) | summons the fresh produce agent or employee on not less than 30 days notice to appear before a disciplinary tribunal contemplated in section 25 on the date and at the time and place specified in such summons, to answer to the charges set out in writing in a charge sheet attached to such summons; |
| (b) | order such fresh produce agent or employee to produce at such hearing any book or other document specified in the summons which the said fresh produce agent or employee has in his or her possession or custody or under his or her control or which is suspected to he in his or her possession or custody or under his or her control and which has a bearing on the matter. |
| (1C) | A summons referred to in subsection (1B), shall be— |
| (a) | as nearly as possible in the form specified in the rules; |
| (b) | signed by the registrar or his or her duly authorized representative; and |
| (c) | served on the fresh produce agent or employee by delivering or tendering it at the business address of the fresh produce agent or employee or by sending it by prepaid registered post to the postal address referred to in section 16(9), or to the address last known to the council. |
| (2) | If such conduct or contravention forms or is likely to form the subject of criminal or civil proceedings in a court of law, the council may postpone the issuing of a summons until such proceedings have been determined. |
| (3) | [Section 24(3) deleted by section 22 of Act No. 47 of 2003] |
[Section 24 substituted by section 22 of Act No. 47 of 2003]
