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Rules fixing minimum rates of wages.
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46.—(1) Where the Minister requests the Board to fix minimum rates of wages for any particular class of members of the staffs of shops situate in a particular area, the following provisions shall have effect, that is to say.—
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(a) the Board shall hold an investigation into the subject matter of such request, but shall before commencing such investigation publish, in some newspaper circulating in such area, a notice specifying their intention to hold such investigation and inviting interested parties to submit evidence, and shall consider any evidence so submitted;
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(b) on the conclusion of such investigation the Board shall, subject to the provisions of this Act, make rules fixing the minimum rates of wages for that class of members of the staffs of shops situate in such area, and may by such rules fix different minimum rates for different groups (defined in such manner and by reference to such things as the Board thinks proper) of that class of members of the staffs of shops and in respect of different kinds (defined in such manner and by reference to such things as the Board thinks proper) of those shops in that area.
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(2) Where an agreement has been signed (whether before or after the passing of this Act) by or on behalf of a body or bodies substantially representative, in the opinion of the Minister, of proprietors of shops of a particular class in a particular area and by or on behalf of a body or bodies substantially representative, in the opinion of the Minister, of a particular class of members of the staffs of such shops whereby rates of salary, wages or other reward payable to such members are regulated or restricted, and such agreement is sent to the Minister by one or more of the parties thereto, with a request that it may be referred to the Board under this sub-section, the Minister may, in his discretion, either refer or refuse to refer such agreement to the Board, and, if the Minister so refers such agreement to the Board, the following provisions shall have effect, that is to say:—
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(a) the Board shall hold an investigation into the subject matter of such agreement, but shall before commencing such investigation publish in some newspaper circulating in such area, a notice specifying their intention to hold such investigation and inviting interested parties to submit evidence, and shall consider any evidence so submitted;
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(b) on the conclusion of such investigation, the Board shall do one of the following things, that is to say:—
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(i) make, subject to the provisions of this Act, rules fixing minimum rates of wages (which shall be the same as the rates of wages specified in such agreement) for such class, as the Board thinks proper and specifies in such rules, of members of staffs of shops of such class, as the Board thinks proper and specifies in such rules, situate in such area as the Board thinks proper and specifies or delimits in or by such rules, or
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(ii) report to the Minister that in their opinion it is not expedient to make such rules.
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