No. 24/1948:

AGRICULTURE (AMENDMENT) ACT, 1948

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Amendment of subsection (1) of section 36 of the Principal Act.

3 Payment of travelling expenses and allowances to members of committees of agriculture and certain subcommittees thereof.

4 Application of sections 8, 9 and 10 of the Act of 1944 to certain officers of committees of agriculture.

5 Repeal of Agriculture (Amendment) Act 1941.

6 Short title, construction and collective citation.

AN ACT TO AMEND THE AGRICULTURE ACTS, 1931 TO 1944.

[22nd December, 1948.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "the Act of 1944" means the Agriculture (Amendment) Act, 1944 (No. 3 of 1944);

the expression "the Minister" means the Minister for Agriculture;

the expression "the Principal Act" means the Agriculture Act, 1931 (No. 8 of 1931).

2.—(1) Subsection (1) of section 36 of the Principal Act as amended by the Agriculture (Amendment) Act, 1941 (No. 27 of 1941), is hereby further amended by the deletion of the words "two-pence" where they occur secondly, and the substitution therefor of the words "five pence".

(2) All acts and things done before the commencement of this Act by the council of a county in relation to the making of any rate for the local financial year commencing on the 1st day of April, 1949, shall (where the amount to be raised by means of such rate includes the amount of the agricultural rate) be as valid and effectual as if subsection (1) of this section were in force at the time such acts or things were done.

3.—(1) For the purposes of this section a sub-committee of a committee of agriculture shall be an approved sub-committee of such committee, if but only if, the Minister either—

(i) has under subsection (4) of section 2 of the Act of 1944 authorised the payment under the said section 2 of expenses to members of such sub-committee, or

(ii) has, on the application of such committee of agriculture, authorised the making of payments under this section to members of such sub-committee.

(2) ( a ) A committee of agriculture may by resolution decide that, in lieu of defraying, under section 2 of the Act of 1944, the expenses of locomotion incurred by each of the members of such committee of agriculture or of an approved sub-committee of such committee of agriculture in travelling to and from the meetings, of such committee or approved sub-committee, held after the passing of this Act, such committee shall pay to each such member, in respect of every such meeting which he attends at a place not less than five miles by any route from his ordinary place of residence, a fixed sum for every mile travelled between such place and such residence measured along the route by which such member would normally travel.

( b ) A resolution passed by a committee of agriculture under paragraph (a) of this subsection may be revoked at any time by another resolution of such committee of agriculture.

( c ) A resolution under paragraph (a) or paragraph (b) of this subsection shall not take effect until sanctioned by the Minister.

( d ) While a resolution passed by a committee of agriculture under paragraph (a) of this subsection is in force such committee of agriculture shall not defray under section 2 of the Act of 1944 the expenses of locomotion incurred by each of the members of such committee of agriculture or of an approved sub-committee of such committee of agriculture in travelling to and from meetings of such committee of agriculture or approved sub-committee, but, in lieu thereof, shall make payments to members attending such meetings in accordance with the terms of such resolution.

(3) ( a ) Where a member of a committee of agriculture or of an approved sub-committee of such committee of agriculture attends a meeting of such committee or approved sub-committee at a place not less than three miles by any route from in his ordinary plate of residence and is obliged, by reason of such attendance, to remain away from his home for a continuous period of not less than three hours, then subject to the provisions of this subsection, such committee of agriculture shall (whether such committee is or is not required to make, under section 2 of the Act of 1944 or under subsection (2) of this section (as the case may be) a payment to such member in respect of his attendance at such meeting, and if so required, then in addition to such payment) pay to such member an allowance in respect of such period calculated in accordance with rules which the Minister is hereby authorised to make.

( b ) The rules made by the Minister for the purposes of paragraph (a) of this subsection shall make provision for preventing allowances being paid by a committee of agriculture, in respect of the same period, to a person who is a member of such committee and also of an approved sub-committee of such committee of agriculture.

( c ) Where—

(i) a person who is a member of a local authority, within the meaning of section 67 of the Local Government Act, 1946 (No. 24 of 1946), is also a member of a committee of agriculture or an approved sub-committee of a committee of agriculture, and

(ii) such local authority is required by subsection (7) of the said section 67 to pay to such person an allowance in respect of a particular period, and

(iii) such committee of agriculture would, but for this paragraph, be required by paragraph (a) of this subsection to pay to such person an allowance in respect of the said period,

then, no allowance shall be paid by such committee of agriculture under paragraph (a) of this subsection to such person in respect of the said period.

(4) A claim for any payment under subsection (2) or subsection (3) of this section shall be made in writing and the Minister, if he so thinks fit, may direct the form to be used in making such claim.

(5) ( a ) A person who knowingly makes or allows to be made a false statement for the purpose of obtaining a payment under this section for himself or another shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment, for a term not exceeding one year.

( b ) A person who is convicted of an offence under this section shall thereafter be disqualified from being elected or being a member of a committee of agriculture, or of a body which is a local authority for any of the purposes of the Local Government Acts, 1925 to 1946, as amended by any enactment passed after the passing of this Act, or of a council established by law in respect of a county or county borough or a committee of such council, and shall also be disqualified from holding an office or employment under a committee of agriculture or such a body, council, or committee as aforesaid.

(6) the references in section 17 and in paragraph (d) of subsection (1) of section 38 of the Principal Act to the provisions of the Principal Act, relating to payment of travelling expenses to members of committees shall be construed as including references to the preceding provisions of this section.

4.—For the removal of doubts it is hereby declared that, notwithstanding anything contained in subsection (3) of section 43 of the Principal Act, sections 8, 9 and 10 of the Act of 1944 apply to a person who—

( a ) by virtue of the said section 43, was transferred to, and became an officer of a committee of agriculture, and

( b ) is the holder of an office under a committee of agriculture.

5.—The agriculture (Amendment) Act, 1941 (No. 27 of 1941), is hereby repealed.

6.—(1) This Act may be cited as the Agriculture (Amendment) Act, 1948 .

(2) The Agriculture Acts, 1931 to 1944, and this Act shall be construed together as one Act.

(3) The Agriculture Acts, 1931 to 1944, and this Act, may be cited together as the Agriculture Acts, 1931 to 1948.