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STATUTORY RULES AND ORDERS. 1934. No. 232.
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THE PACKING TRADE BOARD.
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DEPARTMENT OF INDUSTRY AND COMMERCE.
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TRADE BOARDS.
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PACKING TRADE.
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REGULATIONS DATED 27TH JULY, 1934, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE UNDER SECTION ELEVEN OF THE TRADE BOARDS ACT, 1909, WITH RESPECT TO THE CONSTITUTION AND PROCEEDINGS OF THE TRADE BOARD FOR THE PACKING TRADE.
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The Minister for Industry and Commerce in pursuance of his powers under Section 11 of the Trade Boards Act, 1909, and of every other power him hereunto enabling, hereby makes the following regulations:—
1. A Trade Board shall be established for the trade specified in the Trade Boards (Packing) Order, 1934,* and set out in the Schedule to these Regulations.
2.—(a) The Trade Board shall consist of not less than 10 and not more than 16 persons.
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(b) The number of representative members shall be not less than 8 and not more than 14. The representative members shall be members representing employers and members representing workers in equal numbers.
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(c) The number of appointed members shall be two, of whom at least one shall be a woman.
3.—(a) The Chairman shall be appointed by the Minister for Industry and Commerce from among the members of the Trade Board.
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(b) If the Minister for Industry and Commerce considers the appointment of a Deputy Chairman desirable, he shall appoint a Deputy Chairman from the remaining members of the Trade Board.
4.—The appointed members shall be such of the appointed members of Trade Boards as may be directed by the Minister for Industry and Commerce to act on the Trade Board.
5.—The selection and appointment of representative members shall be as follows, due regard being paid to the representation of the various branches of the trade and of the various districts in which the trade is carried on:—
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(a)—(i) If it appears to the Minister for Industry and Commerce that there is an organisation or that there are organisations representative of employers in the trade, the members representing employers shall be appointed by the Minister for Industry and Commerce after considering the names (if any) supplied by such organisation or organisations within thirty days after being requested by the Minister so to do.
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*S.R. and O., 1934, No. 20.
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(ii) If it appears to the Minister for Industry and Commerce that there is an organisation or that there are organisations representative of workers in the trade, the members representing workers shall be appointed by the Minister for Industry and Commerce after considering the names (if any) supplied by such organisation or organisations within thirty days after being required by the Minister so to do.
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(b)—(i) If it appears to the Minister for Industry and Commerce that there is no organisation or that there are no organisations as described in paragraph (a) (i) of this Regulation, the members representing employers shall be appointed by the Minister for Industry and Commerce in such manner as he may think proper to provide for the representation of such employers.
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(ii) If it appears to the Minister for Industry and Commerce that there is no organisation or that there are no organisations as described in paragraph (a) (ii) of this Regulation, the members representing workers shall be appointed by the Minister for Industry and Commerce in such manner as he may think proper to provide for the representation of such workers.
6. The Minister for Industry and Commerce may, if he thinks it necessary in order to secure proper representation of any class or classes of employers or workers, after giving the Trade Board an opportunity to be heard, appoint additional representative members to serve upon the Trade Board. The number of such additional representative members shall always be an even number, not exceeding six in all. Half shall be representatives of employers, and half shall be representatives of workers.
7. Any member representing employers who ceases to be an employer and becomes a worker at the trade shall vacate his seat. Any member representing workers who becomes an employer in the trade shall vacate his seat. The question of fact shall in each case be determined by the Minister for Industry and Commerce.
8. Any member who, in the opinion of the Minister for Industry and Commerce, fails without reasonable cause to attend one-half of the total number of meetings in a calendar year shall vacate his seat.
9. The Minister for Industry and Commerce may at any time, in his discretion, determine the appointment of any member of the Trade Board, and such member shall thereupon cease to be a member of the Trade Board.
10. A vacancy among members shall be filled in the same manner as in the case of the original appointment to the vacated seat.
11.—(a) Subject as hereinafter provided, every member of the Trade Board shall have one vote.
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(b) If at any meeting of the Board the numbers of members present representing employers and workers are unequal, it shall be open to the side which is in the majority to arrange that one or more of its members shall refrain from voting so as to preserve equality. Failing such an arrangement, the Chairman, or, in his absence, the Deputy-Chairman, if one has been appointed, may, if he thinks it desirable, adjourn the voting on any question to another meeting of the Board.
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(c) The Chairman shall have a second or casting vote on any question on which the voting is otherwise equal.
12. The Trade Board shall continue in existence until dissolved by order of the Minister for Industry and Commerce.
13. The Trade Board may be known under the short title of "The Packing Trade Board."
14. These Regulations shall take effect on the 20th September, 1934.
15. Any questions upon the construction or interpretation of these Regulations shall, in the event of dispute, be referred to the Minister for Industry and Commerce for decision.
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Given under the Official Seal of the Minister for Industry and Commerce, this 27th day of July, in the Year One Thousand Nine Hundred and Thirty-four.
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(Signed), JOHN LEYDON,
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Secretary of the Department of Industry and Commerce.
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SCHEDULE.
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THE PACKING TRADE, that is to say:—
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The processes of wrapping, filling, labelling, bottling, placing in boxes, tins, cartons, envelopes, cardboard or other containers of any kind whatsoever and all similar operations incidental to the sale, retail or wholesale, of the following commodities:—
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(a) seeds of fruits, vegetables and flowers;
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(b) foods, drinks and condiments (whether for the consumption of human beings, animals or birds);
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(c) cosmetics, perfumes, medicinal preparations, druggists' sundries;
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(d) polishes, blacklead, starch, blue, soda, soap powders, candles, chandlery and matches;
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(e) ink, glue and paste—
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But excluding—
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(i) any such process or operation which is included in a trade to which the Trade Boards Acts, 1909 and 1918, apply for the time being;
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(ii) any such process or operation which is carried on in premises in which the commodity the object of such process or operation is manufactured;
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(iii) any such process or operation which is carried on in premises in which the commodity the object of such process or operation is sold retail or offered for sale retail;
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(iv) any such process or operation in respect of alcoholic drinks;
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(v) any such process or operation in respect of eggs in shell.
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