POWER OF CONTROL

Dominion, Volume 33, Issue 226, 19 June 1940, Page 11

POWER OF CONTROL

Industries, Goods And Property AUTHORITY GIVEN TO MINISTER Implementing- “All-In” Policy Authority to control industries, take over particular undertakings if that course is deemed essential, requisition or purchase property, and set up advisory bodies, is given the Minister of Supply in regulations gazetted yesterday. The object of the regulations is the implementation of the Government’s “all-in” policy by giving the Minister extensive powers to control the industrial wealth and production of the Dominion. The Minister is given power to declare any industry to be a “controlled industry,” and while such declaration is in effect no person may commence in the industry to sell or transfer his interest in the industry without the consent of the Minister. Every proprietor in an industry shall carry on in the industry and conduct his business in accordance with the directions of the Minister. Power is also given to the. Minister to declare any undertaking to be a controlled undertaking and he may appoint a person to manage the business. The powers of such managers are set out as follows: “Auy person or persons authorized by the Minister to carry on the whole or any part of an undertaking shall while so doing be deemed to be acting as the agent or agents of the proprietor of the undertaking, except that the proprietor shall not have any right to control the carrying ou of the undertaking or the part of the undertaking, as the case may be.” Requisitioning Property. Under the regulations dealing with the requisition or purchase of property, the Minister of Supply is authorized in any case where it appears to him to be desirable for the effectual exercise of the powers or functions conferred on him to take possession of or requisition any land, buildings, parts of buildings, goods, chattels, or machinery. The Minister may, under this regulation, use or deal with any such property for such purpose aud in such manner as he considers desirable for the efficient functioning of his powers under the supply regulations, lie may also hold and use, and, in tlie case of goods, sell or otherwise dispose of the property as if he were the owner thereof, and as if the property were free.from any mortgage, pledge, lieu, or similar obligation. Provision is made that any person who is the owner of any property or has any mortgage, pledge, lien, or other security thereover, or auy title thereto, shall, if he suffers loss by the exercise of this regulation, be entitled to compensation. The Minister is also given power to require persons possessing or controlling goods, chattels, or machinery to furnish to the Minister information and particulars iu respect to the items as he may direct. Breaking of Contracts. Special provision is made that no obligation or limitation imposed on a proprietor of any undertaking by any Act or contract shall prevent or excuse the proprietor from complying with any directions of the Minister. Tlie following is the text of the regulation dealing with contracts: — 1. Where the failure, whether before or after the commencement of these regulations, to fulfil any contract has been directly or indirectly due to compliance ou the part of any person with any of the provisions of the principal regulations or with any direction, restriction, requirement, or condition given of imposed thereunder, or has been directly or indirectly due to the exercise by the Minister or by any Controller of any of the powers or functions conferred by the principal regulations, proof of that fact shall be a good defence to any action or proceeding in respect of the failure. 2. This regulation shall apply with respect to all contracts whether made before or after the commencement of these regulations. Advisory Committees.

The appointment of advisory bodies is envisaged by tlie regulations in that the Minister of Supply is authorized to appoint a -Supply Advisory Council to advise him as to any matters relating to the administration of the supplj’ regulations or affecting production or supply. The Minister is also authorized as he considers desirable to appoint advisory committees in relation to any particular industries or part of an industry aud the functions of such advisory committees are stated to be “the formulation of plans or proposals for the organization of the industry or undertaking with a view to securing the more efficient working thereof.” In tlie original supply regulations gazetted on the outbreak of war, uo special provision was made for offences against the Supply Regulations, and therefore any such offences incurred the penalties laid down by the Emergency Regulations Act, 1939, which provides for imprisonment for a term of 12 months or a fine of £lOO, or -both. In the regulations gazetted yesterday provision is made to the effect that every individual who commits an offence against the Supply Regulations shall be liable to a fine not exceeding £2OO or to imprisonment for a term not exceeding 12 months, or to both imprisonment. ami fine, while every company or other corporation committing an offence shall be liable to a tine not exceeding £lOOO.