Page:United States Statutes at Large Volume 49 Part 1.djvu/1040

 74Th CONGRESS. SESS. I. CH. 824 . AUG UST 30, 193-5 . 995 Marketing agencies may be established or maintained within any c ies establishment. tng en . district by a voluntary association of producers within any produc- ing field therein, as such producing field may be defined by the district board, and function under such general rules and regula- Rules and regula- tions as may be prescribed by the district board, with the app ro val giover e o f district hoards n ing f of the Commission, for the purpose of marketing their coal wi th due respect for the standards of unfair competition as defined in this Act. Each such marketing agency shall impose no unreason- Imposition of unrea- sonable conditions of able or inequitable conditions of membership and shall be truly membership pro hib - representative of at least one-third of the tonnage of any producing ited. field or group of producing fields. The term marketing agency " or "agencies " as used in this Act 'Marketing age n- sh all incl ude any t rada ssoc iati on of cal pro ducer s co mply ing with fined . agen cies ' de- the requirements of a marketing agency and exercising the functions thereof . The district boards and marketing agencies shall each have power Powers of d istr ict boards and marketing to adopt bylaws a nd rules of proce dure, subject to approval of the agencies . Commission, and to appoint officers from their own membership, to fix their terms and compensation, to provide for reports, and to em ploy suc h co mmitt ees, emp loye es, a rbit rato rs, a nd o ther per sons necessary to effectuate their purposes . Members of the district board Service of me mb ers o f district board wi th- shall serve, as such, without compensation, but may be reimbursed for out compensation . their reasonable expenses . The territorial boundaries or limits of Terri torial lim its of sach twenty-three districts are se t forth in the sc hedule entitled di stricts. "Schedule of Districts" and annexed to this Act : Provided, That the Povi so. Mod ifica tions . territorial boundaries or limits of any district or districts may be ch anged, or said d istri cts m ay be divid ed or cons olidat ed, a fter hear- ing, by the Commission. (b) The expense of administering the code by the respective diS- Adm inis trat ion of trict boards shall be borne by those subject to the jurisdiction of such codes ; expenses . boards, respectively, each paying his proportionate share, as assesse d, computed on a tonnage basis, in accordance with regulations pre- scribed by such boards with the approval of the Commission. Such lec o essments and co l- assessments may be collected by the district board by action in any court of competent jurisdiction. (c) Nothing contained in this Act shall constitute the members of Relationship and lia- bil ity district board partners for any purpose . Nor shall any member of. of members of a district board be liable in any manner to any one for any act of any other member, officer, agent or employee of the district board . Nor shall any member of a district board, exercising reasonable diligence in the conduct of his duties under this Act, be liable to any one for any action or omission to act under this Act, except for his own willful misfeasance, or for nonfeasance involving moral turpitude . PART 1T-MARKETING Part II-Marketing . The district boards and code members shall accept and be subject to A4 u m and maximum prices ; man- the jurisdiction of the Commission to approve or to fix minimum and ner of fixing maximum prices, as follows : of commission . (a) All code members shal l, in their respective districts, report all bRo deme anbe ra c ord5 spot orders to the district board and shall file with it copies of all con- tracts for the sale of coal, copies of all invoices, copies of all credit mem oran da, and s uch othe r in forma tion con cerni ng t he p repa ratio n, cost, sale, and distribution of coal as the Commission may authorize or require . All such records shall be held by the district board as the Confidential nature confidential records of the code member filing such information. 0f records. Each district board may set up and maintain a statistical bureau, mSttilt cal bureaus and the district board may require that such reports and other infor- n of. mation in this subsection described shall be filed with such statistical bureau in lieu of the filing thereof with the district board .
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