No. 29/1957:

GAELTACHT INDUSTRIES ACT, 1957

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Establishment day.

3 Establishment of the Board.

4 Powers and functions of the Board.

5 Constitution of the Board.

6 Remuneration and expenses of members of the Board.

7 Members superannuation scheme.

8 Removal of member of the Board.

9 Casual vacancies in the Board.

10 Resignation and disqualification of the Board.

11 Disqualification of member of either House of Oireachtas for membership of Board.

12 Disclosure of interest in contract.

13 Seal of the Board.

14 Meetings and procedure of the Board.

15 Officers and servants of the Board.

16 Request to Local Appointments to recommend person.

17 Exercise of functions of the Board.

18 Superannuation of officers and servants of the Board.

19 Transfer to the Board of assets held for the rural industries.

20 Exemption from stamp duty.

21 Transfer to the Board of liabilities incurred for the rural industries.

22 Preservation of contracts of service.

23 Continuance of pending legal proceedings.

24 Annual estimate of the Board's requirements.

25 Grants.

26 Repayable advances to the Board out of the central Fund.

27 Provision of money for advances to the Board out of the Central Fund.

28 Payment of interest on repayable advances.

29 Repayment of payable advances.

30 Power of the Board to borrow temporarily.

31 Accounts and audits.

32 Annual report.

33 Furnishing of information to Minister.

34 Expenses.

35 Short title.

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE ORGANISATION, CONDUCT AND DEVELOPMENT OF THE RURAL INDUSTRIES NOW ADMINISTERED BY THE DEPARTMENT OF THE GAELTACHT, TO PROVIDE FOR THE INITIATION OF NEW INDUSTRIES AND PRODUCTIVE SCHEMES OF EMPLOYMENT IN THE GAELTACHT, TO ESTABLISH A BOARD TO BE KNOWN AS GAELTARRA ÉIREANN, TO DEFINE ITS POWERS AND DUTIES, TO TRANSFER TO IT THE SAID RURAL INDUSTRIES AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[18th December, 1957.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

"the Board" has the meaning specified in subsection (1) of section 3 of this Act;

"the establishment day" means the day appointed to be the establishment day for the purposes of this Act by order of the Minister made under section 2 of this Act;

"the Gaeltacht" means the areas specified in the schedule to Ordú na Límistéirí Gaeltachta, 1956 (I. R Uimh. 245 de 1956);

"the Minister" means the Minister for the Gaeltacht;

"the rural industries" means the industries administered by the Department of the Gaeltacht immediately before the establishment day but does not include the industry carried on under the name Arramara Teoranta or the marine products collection scheme associated therewith.

2.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

3.—(1) There shall, by virtue of this section, be established on the establishment day a board to be styled and known as Gaeltarra Éireann (in this Act referred to as the Board) to fulfil the functions assigned to it by this Act.

(2) The Board shall he a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

4.—(1) It shall be the duty of the Board to carry on, control and manage the rural industries, to exercise the functions in relation thereto which immediately before the establishment day were vested in the Minister and, with the consent of the Minister given after consultation with the Minister for Industry and commerce, to provide, carry on, control and manage in the Gaeltacht such other industries and productive schemes of employment as it may think fit.

(2) It shall be the duty of the Board to encourage the preservation and extension of the use of Irish as a vernacular language in the Gaeltacht.

(3) The Board shall have all such powers are as necessary for the purposes specified in subsections (1) and (2) of this section.

(4) Without prejudice to the generality of the foregoing subsections and in addition to the powers conferred on the Board by any other provision of this Act, the Board shall have power—

( a ) to expand and develop in the Gaeltacht the rural industries and any industry or productive scheme of employment provided by it under this section,

( b ) to expand and develop in their existing locations the rural industries located outside the Gaeltacht,

( c ) with the consent of the Minister, to discontinue, either generally or in a particular place or district, the carrying on of any industry, being one of the rural industries, or any industry or productive scheme of employment provided by it under this section or any activity carried on by it in relation to or as part of the rural industries or any industry or productive scheme of employment so provided by it, and

( d ) to acquire, receive on transfer, hold, sell, mortgage, lease, let, or otherwise dispose of land, buildings, markets, premises or plant and to erect, alter or maintain buildings, markets, premises or plant necessary for the discharge or exercise of its duties or powers under this Act.

5.—(1) The Board shall consist of five members of whom one shall be chairman and another shall be managing director.

(2) The chairman, the managing director and the other members of the Board shall be appointed by the Minister.

(3) A member of the Board shall, unless he sooner dies, resigns, becomes disqualified, or is removed, hold office for a period of five years.

(4) A member of the Board whose term of office expires by effluxion of time shall be eligible for re-appointment.

(5) A member of the Board shall hold office on such terms (other than the payment of remuneration and allowances for expenses) as shall be fixed by the Minister at the time of his appointment.

6.—A member of the Board shall be paid, out of funds at the disposal of the Board, such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

7.—(1) The Minister, with the concurrence of the Minister for Finance, may make a scheme for the payment, subject to such conditions and limitations as may be prescribed in the scheme, of superannuation benefits on retirement to or in respect of whole-time members of the Board and may, with the like concurrence, amend any such scheme.

(2) A scheme under this section may provide for the machinery for settling any dispute that may arise as to the claim of any person to, or the amount of, any benefit payable in pursuance of such scheme.

(3) A scheme under this section shall be carried out by the Board in accordance with its terms.

(4) Every scheme made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(5) In this section "superannuation benefits" includes pensions, allowances and gratuities.

8.—The Minister may at any tune remove a member of the Board from office.

9.—(1) A casual vacancy occurring among the members of the Board shall he filled by appointment by the Minister.

(2) A person appointed under this section shall hold office for the remainder of his predecessor's term.

10.—(1) A member of the Board may at any time resign his office by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.

(2) A member of the Board shall be disqualified from holding and shall be to hold office if he is adjudged bankrupt or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to safer imprisonment or penal servitude or ceases to be ordinarily resident in the State.

11.—(1) Where a member of the Board becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be a member of the Board.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being a member of the Board.

12.—A member of the Board who has any interest in any company or concern with which the Board proposes to make any contract or any interest in the contract shall disclose to the Board the fact of the interest and the nature thereof, and he shall take no part in any deliberation or decision of the Board relating to the contract, and the disclosure shall be recorded in the minutes of the Board.

13.—(1) The Board shall provide itself with a seal, and such seal shall be authenticated by the signature of the chairman, the managing director or some other member thereof authorised by the Board to act in that behalf and the signature of an officer of the Board authorised by the Board to act in that behalf.

(2) Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with this section) of the Board shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

14.—(1) The Board shall hold such and so many meetings as may he necessary for the due fulfilment of its functions and the first meeting shall be held on, or as soon as conveniently may be after the establishment day.

(2) The quorum for a meeting of the Board shall be three.

(3) At a meeting of the Board—

( a ) the chairman of the Board shall, if present, be chairman of the meeting,

( b ) if and so long as the chairman of the Board is not present or if the office of chairman is vacant, the members of the Board who are present shall choose one of their number to be chairman of the meeting.

(4) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(5) The Board may act notwithstanding one or more than one vacancy among its members.

(6) Subject to the provisions of this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.

15.—(1) The Board shall appoint such and so many persons to be officers and servants of the Board as the Board from time to time thinks proper.

(2) A person (not being a person specified in section 22 of this Act or a person who, on the establishment day, is carrying out duties in relation to the rural industries) who does not possess such knowledge of the Irish language as will enable him to use that language in the performance of his official duties shall not be appointed to be an officer or servant of the Board under this section if a person who possesses such knowledge as aforesaid and is otherwise suitable for appointment is available for appointment.

(3) An officer or servant of the Board shall hold his office or employment on such terms and conditions as the Board from time to time determines.

(4) There shall be paid by the Board to its officers, and servants out of funds at its disposal such remuneration and allowances as the Board determines.

(5) The Board may at any time remove any officer or servant of the Board from being its officer or servant.

16.—(1) The Board may, if it so thinks fit, for the purpose of the appointment of a person to fill a situation in the service of the Board request the Local Appointments Commissioners to recommend to it a person for appointment to such situation and the Commissioners on receiving such request shall select and recommend under and in accordance with the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), to the Board a person for appointment to such situation and shall, if they so think proper, select and recommend to the Board two or more persons for such appointment, and the Board on receiving from the Commissioners such recommendation shall appoint to such situation the person so recommended by the Commissioners or, where more than one person is so recommended, such one of the persons so recommended as the Board thinks proper.

(2) The Board shall pay to the Local Appointments Commissioners out of the funds at its disposal such expenses in respect of the selection and recommendation by the Commissioners under this section of persons to fill situations in the service of the Board as shall be fixed by agreement between the Board and the Commissioners or, in default of such agreement, by the Minister for Finance.

(3) Every sum received by the Local Appointments Commissioners under subsection (2) of this section shall be deemed for the purposes of paragraph (b) of subsection (2) of section 12 of the Local Authorities (Officers and Employees) Act, 1926 , to be a fee paid to the Commissioners under that Act.

17.—The Board may exercise any of the powers and perform any of the functions and duties imposed on the Board by this Act through or by any member of the Board, any sub-committee of members or any of its officers or servants authorised by the Board in that behalf.

18.—(1) As soon as conveniently may be after the establishment day the Board shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement to or in respect of such officers or servants of the Board as it may think fit.

(2) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for Finance, be carried out by the Board in accordance with its terms.

(3) The Board may at any time, with the approval of the Minister, given with the concurrence of the Minister for Finance, amend a scheme under this section.

(4) A scheme submitted and approved of under this section shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances on retirement are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(5) If any dispute arises as to the claim of any person to, or the amount of any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision thereon shall be final.

(6) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

19.—(1) All property (real or personal) and rights held or enjoyed immediately before the establishment day by the Minister in connection with the functions vested in him in relation to the promotion of the rural industries or for the purposes of the rural industries and all property (real or personal), other than the excluded property, used or occupied for the purposes of the rural industries which, immediately before the establishment day, is held by any other Minister of State, the Commissioners of Public Works in Ireland or the Irish Land Commission shall, on the establishment day, be transferred to the Board, and accordingly without any further conveyance, transfer or assignment—

( a ) the said property shall on the establishment day vest in the Board, and

( b ) the said rights shall, as on and from the establishment day, be enjoyed by the Board.

(2) All moneys, stocks, shares and securities transferred to the Board by subsection (1) of this section which, on the establishment day are standing in the books of any corporation or company in the name of any Minister of State, the Commissioners of Public Works in Ireland or the Irish Land Commission shall, upon the request of the Board, be transferred into its name.

(3) The Minister for Finance shall, as soon as may be after the establishment day, issue a certificate in writing certifying the sum which, in his opinion, represents the value of the property and rights transferred by this section and such sum shall be a debt due by the Board to the Minister for Finance and such debt shall be discharged at such time or times, in such manner and upon such terms as the Minister for Finance, after consultation with the Minister, shall determine.

(4) The property referred to in this section as "the excluded property" is the building on the back portion of the premises known as and situated at No. 64 Merrion Square, in the City of Dublin, and the first floor of the building, known as Saint Patrick's day, on the back portion of the premises known as and situated at No. 3 Merrion Square aforesaid.

20.—Section 12 of the Finance Act, 1895, shall not apply to the vesting in the Board of the property or rights transferred by section 19 of this Act.

21.—Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the establishment day is owing and unpaid or has been incurred and is undischarged by any Minister of State, the Commissioners of Public Works in Ireland or the Irish Land Commission and is so owing or has been so incurred for the purposes of the rural industries shall, on the establishment day, become and be the debt or liability of the Board and shall be paid or discharged by and may be recovered from or enforced against the Board accordingly.

22.—Every contract of service express or implied which was entered into for the purposes of the rural industries and is in force immediately before the establishment day between the Minister and any person shall continue in force on and after the establishment day, but shall be construed and have effect as if the Board were substituted therein for the Minister, and every such contract shall be enforceable by or against the Board accordingly.

23.—Where, immediately before the establishment day, any legal proceedings are pending to which the Minister is a party and the proceedings have reference to functions vested in him in connection with the rural industries, the name of the Board shall be substituted in the proceedings for that of the Minister, and the proceedings shall not abate by reason of such substitution.

24.—Not later than the 1st day of November in each financial year the Board shall submit to the Minister an estimate of its financial requirements by way of grant and repayable advances for the ensuing financial year.

25.—In each financial year there may be paid to the Board, out of moneys provided by the Oireachtas, a grant of such amount as the Minister, with the concurrence of the Minister for Finance, may sanction towards the expenses of the Board.

26.—(1) For the purpose of enabling the Board to exercise or perform its functions, the Minister for Finance may, on the recommendation of the Minister, advance from time to time to the Board, out of the Central Fund or the growing produce thereof such sums (not exceeding in the aggregate five hundred thousand pounds) as the Board may from time to time request.

(2) The sum advanced under this section shall be repayable with interest in accordance with the subsequent provisions of this Act.

27.—(1) The Minister for Finance may, for the purpose of providing for the advance of sums out of the Central Fund under section 26 of this Act, borrow on the security of the Central Fund or the growing produce thereof such sums as shall be required for that purpose, and the said Minister may, for the purposes of such borrowing, create and issue securities bearing such rate of interest and subject to such conditions as to repayment, redemption, or otherwise as he thinks fit, and shall pay all moneys so borrowed into the Exchequer.

(2) The principal of and interest on all securities issued under this section shall be charged on and payable out of the Central Fund or the growing produce thereof.

28.—(1) The Board shall pay to the Minister for Finance on every sum advanced to the Board out of the Central Fund under section 26 of this Act interest from the date of the advance of such sum until it is re-paid at such rate as shall from time to time be appointed by the Minister for Finance in respect of such sum and such interest shall be so paid by half yearly payments on such days in every year as the Minister for Finance shall from time to time appoint.

(2) If the Board fails to pay to the Minister for Finance any interest payable by it under this section at the time appointed in that behalf under this section, the Board shall pay to the said Minister interest at the rate appointed by the said Minister on the interest so unpaid from the time appointed as aforesaid until it is actually paid.

(3) All interest paid to the Minister for Finance by the Board under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the said Minister may direct.

29.—(1) For the purpose of providing for the repayment by the Board of advances made to it out of the Central Fund under section 26 of this Act, the Board shall make to the Minister for Finance half-yearly payments, commencing on such date, and continuing for such number of years and being of such amounts and payable at such times as the said Minister, after consultation with the Minister, shall appoint, and different such dates, numbers of years, amounts and times may be so appointed in respect of different portions of such advances.

(2) The several half-yearly payments to be made to the Minister for Finance by the Board under this section shall be applied by the said Minister as sinking funds for the repayment of the several portions of the advances in respect of which such half-yearly payments are made and when the Board has paid to the said Minister the full number of half-yearly payments appointed under this section in respect of any portion of such advances (together with any interest which may have become payable under this section in respect of any of such half-yearly payments), such portion of such advances shall be deemed to be fully repaid by the Board, without prejudice to the liability of the Board for any interest then unpaid in respect of such portion of such advances.

(3) If the Board fails to pay to the Minister for Finance any half-yearly payment or portion of a half-yearly payment payable by it to the said Minister under this section at the time appointed in that behalf under this section, the Board shall pay to the said Minister on such half-yearly payment or portion of a half-yearly payment interest at such rate as shall from time to time be appointed by the said Minister in respect thereof from the time appointed as aforesaid until it is actually paid.

(4) All moneys paid by the Board to the Minister for Finance under this section in repayment of advances shall be paid into the Exchequer.

(5) All sums paid by the Board to the Minister for Finance under this section on foot of interest shall be paid into or disposed of for the benefit of the Exchequer in such manner as the said Minister may direct.

30.—The Board may, with the consent of the Minister, given after consultation with the Minister for Finance, borrow temporarily by arrangement with bankers such sums as it may require for the purpose of providing for current expenditure.

31.—(1) The Board shall keep in such form as shall be approved by the Minister after consultation with the Minister for Finance all proper and usual accounts of all moneys received or expended by it, including a profit and loss account and a balance sheet, and in particular shall keep in such form as aforesaid all such special accounts as the Minister on his own motion, or at the request of the Minister for Finance, shall from time to time direct.

(2) The accounts of the Board for each year shall be audited within ninety days or such longer time as the Minister may in any particular case allow after the end of that year and shall be the subject of a report by duly qualified auditors appointed annually for the purpose by the Minister, with the consent of the Minister for Finance, and the fees of such auditors and the expenses generally of such audits shall be paid by the Board.

(3) The Minister may with the consent of the Minister f or Finance appoint the time, place and method of conducting the audit of the accounts of the Board under this section and may also appoint the accounts of which copies are to be furnished to the Minister under this section and the accounts which are to be published and put on sale under this section and the time and method of such publication and sale.

(4) Immediately after every audit under this section of the accounts of the Board, the Board shall send to the Minister a copy of the profit and loss account and balance sheet as certified by the auditors, a copy of the auditors' report, and copies of such of the accounts submitted to the auditors as are appointed in that behalf under this section or may be specially called for by the Minister, and shall publish and put on sale such of the accounts submitted to the auditors as are appointed in that behalf by the Minister.

(5) The Minister shall cause copies of the documents furnished to him under this section to be laid before each House of the Oireachtas.

32.—(1) The Board shall, in each year, at such date as the Minister may direct, make a report to the Minister of its proceeding under this Act during the preceding year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) Whenever the Minister so directs such annual report shall also include information on such particular aspects of the Board's proceedings under this Act as the Minister may specify.

33.—The Board shall submit to the Minister such information regarding the performance of its functions as he may from time to time require.

34.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

35.—This Act may be cited as the Gaeltacht Industries Act, 1957 .