Harbours Act, 1946
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PART IV. Officers and Servants of Harbour Authority. | ||
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Officers and servants. |
38.—(1) Subject to the provisions of this Act, there shall from time to time be appointed to or employed in the service of a harbour authority by such authority, such and so many officers (including, in the case of a harbour authority mentioned in Part II of the First Schedule to this Act, a secretary and, in every case, a harbour master and a collector of rates) and servants as may be necessary for the due administration, management, operation and maintenance of the harbour of the harbour authority. | |
(2) A harbour authority, in lieu of appointing in pursuance of this section both a harbour master and a collector of rates for their harbour, may appoint one person to be harbour master and collector of rates. | ||
(3) A harbour authority may require any of their officers to give and maintain during his term of office security of such description and amount as the harbour authority consider proper. | ||
(4) The Local Authorities (Officers and Employees) Acts, 1926 and 1940, other than subsections (1) and (2) of section 7 and section 11 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), shall apply in relation to a harbour authority in like manner as they apply in relation to a local authority, but the expressions “the Minister” and “local authority” shall, in those Acts as so applied, mean respectively the Minister for Industry and Commerce and a harbour authority. | ||
(5) If any question arises whether a person who is or was in the service of a harbour authority is or was an officer, the question shall be referred to the Minister whose decision shall be final. | ||
(6) Whenever the Local Appointments Commissioners perform any function in respect of a harbour authority under the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, the harbour authority shall pay to the Local Appointments Commissioners such amount in respect of the expenses incurred by the Local Appointments Commissioners in performing such function as the Local Appointments Commissioners think proper, and every such amount paid to the Local Appointments Commissioners shall, for the purpose of paragraph (b) of subsection (2) of section 12 of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), be deemed to be a fee paid to the said Commissioners under that Act. | ||
(7) (a) Where, before the passing of this Act, a person was appointed to an office or employment, under a harbour authority, which became vacant or was created on or after the 1st day of January, 1946, and which would, if this Part had come into operation on the 1st day of January, 1946, have been an office or employment to which the Local Authorities (Officers and Employees) Acts, 1926 and 1940, would have applied, then, that person shall, immediately upon the passing of this Act, cease to hold the said office or employment. | ||
(b) Every question or dispute as to whether any particular office or employment is or is not an office or employment to which paragraph (a) of this subsection relates shall be decided by the Minister after consultation with the Local Appointments Commissioners and such decision shall be final and conclusive. |