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S.I. No. 53/1928 - Trade Boards (District Trade Committees) Regulations, 1928

STATUTORY RULES AND ORDERS. 1928. No. 53.

TRADE BOARDS (DISTRICT TRADE COMMITTEES) REGULATIONS, 1928

TRADE BOARDS.

TRADE BOARDS (DISTRICT TRADE COMMITTEES) REGULATIONS DATED 31st JULY, 1928, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE UNDER SECTION 12 OF THE TRADE BOARDS ACT, 1909, AS TO THE CONSTITUTION OF DISTRICT TRADE COMMITTEES.

The Minister for Industry and Commerce in pursuance of his powers under the Trade Boards Acts, 1909 and 1918, and of every other power him hereunder enabling hereby makes the annexed regulations:—

1. Any District Trade Committee established by a Trade Board formed under the Trade Boards Acts shall consist of:—

(a) Members of the Trade Board representing employers and workers in equal numbers.

(b) Such one or more appointed members of Trade Boards as may be directed to act on the Committee by the Minister for Industry and Commerce.

(c) Representatives of local employers and of local workers in equal numbers.

2. When a Trade Board desire to establish a District Trade Committee they shall furnish to the Minister for Industry and Commerce a statement showing the areas for which the District Trade Committee is to be established and the Minister shall, after giving an opportunity to the Trade Board to be heard, determine the number of representative members of the Trade Board to be nominated as members of the District Trade Committee by the members of the Trade Board representing employers and workers respectively, and the number and method of selection of members of the District Trade Committee, other than those nominated by members of the Trade Board, due regard being paid to the proper representation of home workers.

3. The Chairman of a District Trade Committee shall be such of the members of the Committee as may be nominated by the Minister for Industry and Commerce.

4. The Secretary of a District Trade Committee shall be the Secretary for the time being of the Trade Board.

5. Members of the Trade Board representing employers or workers shall be chosen to act upon a District Trade Committee by the representatives of employers or workers as the case may be, on the Trade Board.

6. The Minister for Industry and Commerce may, if he considers it necessary in order to secure proper representation of any classes of employers or workers, after giving an opportunity to the District Trade Committee to be heard, nominate additional representative members on the District Trade Committee, and such representative members may be nominated either for a specified period or without specification of the period, but the number of such additional members acting at any one time shall not exceed one-third of the total number of representative members of the District Trade Committee as constituted in the first instance.

7. Any representative of employers who ceases to be an employer and becomes a worker at the trade shall vacate his seat on a District Trade Committee. Any representative of workers who becomes an employer in the trade shall vacate his seat on a District Trade Committee. The question of fact shall, in either case, be determined by the Minister for Industry and Commerce.

8. If any representative of employers or workers fails to attend one half of the total number of meetings in any period of twelve months, or, if for any other reason, the Minister is of opinion that there is good and sufficient cause to terminate his appointment the Minister may, after giving the representative an opportunity to be heard, determine his appointment and he shall thereupon vacate his seat on the District Trade Committee.

9. Every member of a District Trade Committee shall have one vote. If at any meeting of the Committee the numbers of members present representing employers and workers respectively are unequal it shall be open to the side which is in the majority to arrange that one or more of their members shall refrain from voting so as to preserve equality. Failing such an arrangement the Chairman, may, if he thinks it desirable adjourn the voting on any question to another meeting of the Committee.

Provided always that the Chairman, may, if he thinks it desirable, and shall at the request of more than half of the members representing employers or workers, take a vote of the representative members by sides, and in such a case the vote of the majority of members of either side present and voting shall be the vote of that side. In such a division the appointed members shall not vote, but in the event of the division resulting in a disagreement the question may, and, if it refer to a matter on which the Committee exercises powers and performs duties delegated to it by the Trade Board, shall be decided by the votes of the appointed members present, and failing a decision by vote of the appointed members the Chairman shall report to the Trade Board that the Committee are unable to make recommendation. Provided always that in all cases in which such a report or a report or recommendation, under sub-section 3 or 4 of Section 12 of the Trade Boards Act, 1909, is made to the Trade Board there shall be transmitted with the report or recommendation for the consideration of the Trade Board any separate reports and recommendations that may be presented by either side or by any member or members of the Committee.

10. Any person vacating his seat on a District Trade Committee for any reason, otherwise than under Regulation 8 of these Regulations, shall be eligible to be re-appointed as a member of the District Trade Committee.

11. A vacancy occurring in the membership of a District Trade Committee shall be filled in the same manner as in the case of the original appointment to the Committee.

12. Every District Trade Committee may if it so thinks fit appoint sub-Committees subject to the approval of the Minister for Industry and Commerce to the constitution thereof.

13. In order to constitute a meeting of a District Trade Committee, at least one-third of the whole number of the members as provided for by these Regulations must be present.

14. Such of the appointed members of Trade Boards shall act on each District Trade Committee, or Sub-Committee, as may be directed by the Minister for Industry and Commerce, provided that the number of appointed members acting on the same District Trade Committee or Sub-Committee at the same time shall be less than half the total number of members representing employers and members representing workers.

15. The Regulations, dated July 22nd, 1910, and November 24th, 1914, made by the Board of Trade as to the constitution of District Trade Committees are hereby revoked.

16. Any question as to the construction or interpretation of these Regulations shall, in the event of dispute, be referred to the Minister for Industry and Commerce for decision.

17. These Regulations may be cited as the Trade Boards (District Trade Committees) Regulations 1928.

Given under the Official Seal of the Minister for Industry and Commerce this 31st day of July in the year one thousand nine hundred and twenty-eight.

(Signed) GORDON CAMPBELL,

Roinn Tionnscail agus Trachtala.