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36 1934

CONTROL OF MANUFACTURES ACT, 1934

PART III.

Further Restriction on Manufacture of Certain Commodities.

Reserved commodities.

17. —(1) Whenever the Executive Council is of opinion that a particular commodity is either not being manufactured in Saorstát Eireann or not being manufactured in Saorstát Eireann to a substantial extent, and that it is desirable that such commodity should be manufactured to a substantial extent in Saorstát Eireann, and that the reservation to a limited number of persons of the right to manufacture in Saorstát Eireann such commodity would result in such commodity being manufactured to a substantial extent in Saorstát Eireann, the Executive Council may by order made under and in accordance with this section declare such commodity to be a reserved commodity.

(2) An order under this section may relate to more than one commodity.

(3) No order shall be made under this section in relation to the commodity which is Roman cement, Portland cement or other hydraulic cement.

(4) In making an order under this section the Executive Council may, if they so think fit, fix the period during which such order is to remain in force.

(5) The following provisions shall have effect in relation to the making of an order under this section, that is to say:—

(a) before making such order the Executive Council shall publish, in the Iris Oifigiúil and in such other manner as they think best adapted for making public their intention to make such order, a notice of such intention, and such notice shall state the commodity or commodities the subject of the proposed order, and, if the Executive Council propose to fix a period during which such order is to remain in force, the period proposed to be so fixed, and shall also state the time (in this sub-section referred to as the time limited for making objections) within which any objections to the making of such order may be made, and the time limited for making objections to be so stated shall not in any case be less than thirty days after the date of the publication in the Iris Oifigiúil of such notice;

(b) any person objecting to the making of such order may within the time limited for making objections send a statement in writing to the Executive Council of his objection and of the specific grounds on which it is based;

(c) the Executive Council shall not make such order until the expiration of the time limited for making objections and until they have considered such objections (if any) to the making of such order as may have been made within the time limited for making objections.

(6) No order under this section shall come into force unless and until resolutions have been passed by each House of the Oireachtas approving of such order.

(7) Every order under this section which has been approved by resolutions passed by each House of the Oireachtas shall come into force on the date of the passing of whichever of such resolutions is later passed or, if a later date has been specified in such order as the date on which it is to come into force, such later date.

(8) Whenever an order under this section has come into force the particular commodity to which such order relates or, where such order relates to more than one commodity, every commodity to which such order relates shall for the purposes of this Part of this Act be a reserved commodity but shall, if such order fixes a period during which it is to remain in force, cease, from and after the expiration of such period, to be for the said purposes a reserved commodity and the expression “reserved commodity” shall in this Part of this Act be construed accordingly.

The appointed day.

18. —(1) The Minister may by order fix in respect of any reserved commodity a day to be the appointed day for the purpose of this Part of this Act.

(2) In this Part of this Act the expression “the appointed day” when used in relation to a reserved commodity means the day appointed by order under this section to be the appointed day in respect of that commodity.

Restriction on manufacture of reserved commodities.

19. —(1) On and after the appointed day in respect of any reserved commodity it shall not be lawful for any person to manufacture, by way of trade or for the purposes of gain, such commodity in Saorstát Eireann unless—

(a) such person is the holder of a licence (in this Part of this Act referred to as a reserved commodity manufacture licence) granted by the Minister under this Part of this Act authorising such person to manufacture such commodity and such manufacture is carried on by such person within the area specified in such licence, or

(b) such manufacture is carried on in direct succession to a deceased person who was at the date of his death manufacturing such commodity under a reserved commodity manufacture licence and such manufacture is carried on during the currency of such licence within the area specified in such licence, between the date of the death of such person and the grant of probate of his will or letters of administration of his personal estate, or after such grant by his personal representative in due course of administration, or

(c) such manufacture is carried on by an assignee in bankruptcy, a trustee of an arranging debtor, or a receiver or manager appointed by a court in continuation of the business of a person who, immediately before such assignee, trustee, receiver or manager commenced to carry on such manufacture, was the holder of a reserved commodity manufacture licence authorising the manufacture of such commodity within the area where such manufacture is so carried on and such manufacture is carried on during the currency of such licence.

(2) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds and, in the case of a continuing offence, a further fine not exceeding fifty pounds for every day during which the offence is continued.

(3) Where the manufacture of a particular reserved commodity is being carried on by a person lawfully entitled, by virtue of paragraph (b) or paragraph (c) of sub-section (1) of this section, to carry on such manufacture in succession to a deceased person or in continuation of the business of a person who was the holder of a reserved commodity manufacture licence, such first-mentioned person shall, for the purposes of the succeeding provisions of this Part of this Act, be deemed to be the holder of such licence.

Application for reserved commodity manufacture licences.

20. —(1) Any person who proposes to manufacture a reserved commodity may apply to the Minister for a reserved commodity manufacture licence.

(2) The following provisions shall have effect in relation to any application for a reserved commodity manufacture licence to manufacture a particular reserved commodity, that is to say:—

(a) such application shall be in the prescribed form and be made in the prescribed manner, and

(b) such application shall state—

(i) the area within which the applicant proposes to manufacture such reserved commodity, and

(ii) such other particulars as may be prescribed.

(3) Every person who applies for a reserved commodity manufacture licence shall, when required by the Minister so to do, furnish to the Minister all such information as the Minister may require for the consideration of such application.

(4) If any person in furnishing any information in pursuance of a requisition of the Minister under the immediately preceding sub-section makes any statement which is false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence to a fine not exceeding fifty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding one hundred pounds.

(5) In making regulations under this Act in relation to any matter or thing referred to in this section as prescribed, the Minister may make different regulations in respect of different reserved commodities.

Grant of a reserved commodity manufacture licence.

21. —(1) Whenever an application is made to the Minister for the grant of a reserved commodity manufacture licence, the Minister may, in his discretion, grant or refuse to grant to the applicant such licence.

(2) Where the Minister refuses to grant a reserved commodity manufacture licence to an applicant who claims that he was, on the date of the application or on the day before the appointed day (whichever is the earlier), manufacturing the reserved commodity to which such application related, the following provisions shall have effect, that is to say:—

(a) such applicant may, within three months after such refusal, apply in a summary manner to the High Court for a declaration that such licence should be granted to him;

(b) the High Court, if it is satisfied that such applicant was so manufacturing such reserved commodity as aforesaid and that having regard to all the circumstances of the case it is just and equitable that such licence should be granted to such applicant, may make a declaration that such licence should be granted to such applicant accordingly;

(c) whenever the High Court makes an order under this section declaring that a reserved commodity manufacture licence should be granted to a person, the Minister shall, as soon as conveniently may be, grant under and in accordance with this Act such licence to such person.

Form and operation of reserved commodity manufacture licences.

22. —(1) Every reserved commodity manufacture licence shall be in the prescribed form and be expressed and operate to authorise the person who is for the time being the holder of such licence to manufacture the particular reserved commodity specified in such licence within the area specified in such licence, but subject to the conditions (if any) attached to such licence.

(2) The Minister may, if he so thinks proper, on the application of the holder of a reserved commodity manufacture licence, alter the area specified in such licence.

Attachment of conditions to reserved commodity manufacture licences.

23. —(1) Whenever the Minister grants a reserved commodity manufacture licence in respect of a particular area, the Minister may attach to such licence conditions in respect of all or any of the following matters, that is to say:—

(a) the manufacture of the particular reserved commodity to which such licence relates within such area by the holder of such licence at one specified factory only;

(b) the extent to which materials for the construction or adaptation by such holder of any factory within such area and the plant, equipment, and apparatus of such factory shall be materials, plant, equipment and apparatus produced or manufactured in Saorstát Eireann;

(c) the time within which such holder shall commence to manufacture such reserved commodity within such area;

(d) the maximum quantity of such reserved commodity which may be manufactured in any year at the factory in such area in which such holder manufactures such reserved commodity;

(e) the maximum quantity of such reserved commodity manufactured at such factory which may be sold in any year by such holder;

(f) the minimum quantity of such reserved commodity which may be manufactured in any year at such factory;

(g) the maximum price which may be charged by such holder for any such reserved commodity manufactured at such factory;

(h) the nature and quality of such reserved commodity manufactured at such factory;

(i) the mode of manufacture of such reserved commodity at such factory;

(j) the packing of any such reserved commodity manufactured at such factory;

(k) the employment at such factory of nationals of Saorstát Eireann;

(l) the extent to which the raw materials and articles used for the manufacture of such reserved commodity at such factory shall be materials and articles produced or made in Saorstát Eireann;

(m) the extent to which the capital invested in the business carried on under such licence is from time to time to be owned by nationals of Saorstá Eirceann;

(n) the extent to which the management of such business is from time to time to be controlled by nationals of Saorstát Eireann;

(o) the extent to which the directors of the company shall be nationals of Saorsát Eireann;

(p) the transfer of such licence;

(q) the returns to be made to the Minister by such holder;

(r) the records to be kept at such factory and the production of such records for inspection by an officer of the Minister;

(s) the powers of inspection of such factory by an officer of the Minister;

(t) the right of taking samples of such reserved commodity manufactured at such factory.

(2) Whenever the Minister attaches any conditions to a reserved commodity manufacture licence he shall specify such conditions in such licence.

(3) The Minister may, if he so thinks fit, on the application of the holder of a reserved commodity manufacture licence, alter any conditions attached to such licence.

Breach of conditions of reserved commodity manufacture licence.

24. —If any person who is the holder of a reserved commodity manufacture licence fails, neglects or refuses to observe or comply with any of the conditions attached to such licence, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and, in the case of a continuing offence, a further fine not exceeding fifty pounds for every day during which the offence is continued.

Payment of fair wages.

25. —(1) The wages paid by the holder of a reserved commodity manufacture licence to persons employed by him for the purposes of the business authorised by such licence shall not be less than would be payable if such business were carried on under a contract between the Minister and such holder containing a fair wage clause similar to that for the time being contained in contracts made by Ministers and Government Departments.

(2) If any person who is the holder of a reserved commodity manufacture licence acts in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

Revocation of reserved commodity manufacture licences.

26. —(1) The Minister may at any time revoke a reserved commodity manufacture licence on the application of the holder of such licence.

(2) The Minister may at any time on his own motion revoke a reserved commodity manufacture licence if the holder of such licence has been convicted of an offence under any section contained in this Part of this Act.