Chapter IV

Miscellaneous

37. —(1) An Chomhairle may appoint such and so many committees as it thinks fit to advise An Chomhairle on matters connected with industrial or commercial training and on the co-ordination of the work of An Chomhairle.

(2) The chairman of a committee appointed by An Chomhairle under this section shall be paid out of moneys at the disposal of An Chomhairle such fee for attendance at meetings of the committee as the Minister with the consent of the Minister for Finance, determines, and in the absence of the chairman from a meeting of the committee, the fee that would be payable to him may, if An Chomhairle thinks fit, be paid to the person who acts as chairman of the meeting.

(3) Each member of a committee so appointed shall be paid, out of moneys at the disposal of An Chomhairle such allowances for expenses incurred by him as the Minister, with the consent of the Minister for Finance, may sanction.

38. —(1) Where a person is taken into employment by way of apprenticeship in a designated industrial activity there shall be paid by him to An Chomhairle a fee (being a fee in respect of registration in the register kept under section 33 of this Act) of such amount as may be prescribed.

(2) Rules for the purposes of subsection (1) of this section shall require the consent of the Minister.

(3) Where An Chomhairle provides courses, facilities or services in relation to the training of persons An Chomhairle may charge and there shall be payable to An Chomhairle in respect thereof such fee (if any) as An Chomhairle shall determine: Provided that in case a person, at the instance of his employer, attends any such course or avails of any such service or facility, any fee payable to An Chomhairle in respect thereof shall be payable by, and only by, the employer.

(4) In default of being paid a fee under this section, An Chomhairle may recover it from the person (including a person who has not attained the age of twenty-one years) liable therefor as a simple contract debt in any Court of competent jurisdiction.

(5) An Chomhairle may, where it so thinks proper in any particular case, exempt a person from payment of any fee under this section.

39. —(1) An Chomhairle may, if it so thinks proper in the case of the employment as an apprentice of a particular person by a particular employer, exempt the employer from the requirements of paragraphs (a), (b) or (e) of subsection (5) of section 27 of this Act.

(2) An Chomhairle may, if it so thinks proper in the case of the employment of a particular person as an apprentice by a particular employer, exempt the employer from specified requirements of rules mentioned in paragraph (e) of subsection (1) of the said section 27.

(3) An Chomhairle may, if it so thinks proper in the case of the taking of a particular person into employment as an apprentice by a particular employer, exempt the employer from the requirement of section 31 of this Act.

40. —(1) Section 48 of the Act shall, as respects a person to whom rules under paragraph (f) of subsection (1) of section 27 of this Act for the time being apply, cease to have effect.

(2) It is hereby declared that nothing contained either in an employment agreement registered in the Register or in an order made by the Labour Court under section 43 of the Act shall affect the provisions of section 41 of this Act.

(3) Upon the coming into force of any rules under section 27 of this Act—

(a) any provisions of an employment agreement then in force registered in the Register which relate to matters the subject of the rules, and

(b) any provisions of an order then in force made by the Labour Court under section 43 of the Act which relate to matters the subject of the rules,

shall cease to have effect.

(4) Where an employment agreement is, at a time when rules under section 27 of this Act or rules mentioned in section 49 of this Act are in force, registered in the Register, any provisions of the agreement which relate to matters the subject of the rules shall not have effect.

(5) Where an order is, at a time when rules under this Act or rules mentioned in section 49 of this Act are in force, made by the Labour Court under section 43 of the Act, any provisions of the order which relate to matters the subject of the rules shall not have effect.

(6) In this section—

“the Act” means the Industrial Relations Act, 1946;

“the Register” means the Register of Employment Agreements maintained by the Labour Court under section 26 of the Act.