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5 1967

INDUSTRIAL TRAINING ACT, 1967

PART IV

Miscellaneous

Power to ensure the provision, as respects activity of industry, of trained persons.

41. —(1) For the purpose of ensuring the provision of a sufficient number of trained persons to meet the requirements of an activity of industry, An Chomhairle may make such arrangements as appear to it to be necessary.

(2) Without prejudice to the generality of subsection (1) of this section, An Chomhairle, for the purpose mentioned in the said subsection (1) may, if it thinks fit, do either or both of the following:

(a) if it is satisfied that an employer who carries on—

(i) a designated industrial activity, or

(ii) a trade which stands specified for the time being in an order under section 21 of the Act of 1959,

has adequate facilities for the training of persons by way of apprenticeship in an employment in the activity or trade, arrange with the employer for the taking by him of a person into an employment in the activity or trade by way of apprenticeship;

(b) arrange with an employer for the taking by him into an employment in an activity of industry of a particular person who has successfully undergone training which was both for the employment and provided or approved as respects the activity by An Chomhairle under this Act.

(3) Where any arrangement has been made by An Chomhairle under this section a person shall not do any act or thing for the purpose either of preventing or obstructing An Chomhairle or an employer from carrying out the arrangement.

Powers of authorised officers.

42. —(1) An authorised officer may do all or any of the following things:

(a) at all reasonable times enter upon any premises in which a designated industrial activity is carried on where he has reasonable cause to believe any person is employed in the premises,

(b) examine either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in any premises upon which he is entitled under this section to enter and require the person to answer such questions as he may put touching such matters, and to sign a declaration of the truth of the answers to the questions,

(c) examine the methods used in the training and instruction of any person whom he finds employed in a designated industrial activity in any premises mentioned in paragraph (b) of this subsection and give advice in such training and instruction.

(2) No one shall be required by virtue of paragraph (b) of subsection (1) of this section to answer any question or to give any evidence tending to criminate himself.

(3) An authorised officer may, by notice in writing served on a person carrying on a designated industrial activity, require him to furnish to the officer, within a specified time and in a specified manner, specified particulars with respect to the persons or any specified person employed by him in any employment in the activity.

Certificates of authorised officers.

43. —An authorised officer shall be furnished by An Chomhairle with a certificate of his appointment as an authorised officer and, when exercising any of the powers conferred on him by this Act, shall, if so required, produce the certificate to any person affected.

Posting of copies or abstracts of rules.

44. —(1) Where rules under section 27 or rules mentioned in section 49 of this Act require printed copies of the rules or printed abstracts thereof approved by An Chomhairle to be posted and kept posted, such copies shall be posted and kept posted—

(a) in a prominent place in every premises in which are employed persons to whom the rules relate, and

(b) in such characters and in such position as to be conveniently read by persons so employed in such premises.

(2) A person shall not wilfully pull down, injure or deface any copy or abstract of rules posted in pursuance of this section.

Offences and penalties.

45. —(1) Where a person on whom a notice is served under section 26 of this Act in respect of any return, information or record fails or neglects to comply with the requirements of the notice, he shall be guilty of an offence unless he satisfies the Court that the return, information or record was not necessary for the carrying out of its functions by An Chomhairle or, in the case of such information, that it was not in his possession.

(2) Where a person on whom a notice is served under the said section 26—

(a) furnishes in pursuance of a requirement of the notice any return or other information which to his knowledge is false or misleading in any material particular,

(b) makes in a record required by the notice to be produced an entry which to his knowledge is false or, with intent to deceive, makes use of any such entry which he knows to be false,

he shall be guilty of an offence.

(3) A person who contravenes paragraph (a), (b), (c) or (e) of subsection (5) of section 27, section 31, section 35 or subsection (2) of section 44 of this Act shall be guilty of an offence.

(4) Where a person who is required by rules under section 27 of this Act to post and keep posted, in accordance with section 44 of this Act, copies of the rules or copies of abstracts thereof approved by An Chomhairle, fails or neglects to comply with the requirements, he shall be guilty of an offence.

(5) Where a person of whom a requirement is made by rules mentioned in paragraph (e) of subsection (1) of section 27 of this Act fails or neglects to comply with the requirement, he shall be guilty of an offence.

(6) Where a person contravenes rules mentioned in paragraph (f) of subsection (1) of section 27 of this Act, he shall be guilty of an offence.

(7) (a) In case a person on whom a notice under paragraph (a) of subsection (2) of section 32 of this Act is served, at any time while failing or neglecting to comply with the requirement of the notice, either is on any premises in the occupation of the employer on whom a notice relating to the person is served under paragraph (b) of the said subsection (2), or does work for or on behalf of the employer, the employer shall be guilty of an offence.

(b) Where an employer is charged with an offence under this subsection, it shall be a good defence for him to show that—

(i) after the service on him of the notice secondly mentioned in paragraph (a) of this subsection he took reasonable steps to ensure that the requirement of the notice would be complied with, and

(ii) the person mentioned in paragraph (a) of this subsection was at the relevant time on the premises without the employer's consent.

(8) A person who fails or neglects to comply with the requirements of subsection (1) or (2) of section 34 of this Act or of a notice under either of those subsections served on him shall be guilty of an offence.

(9) A person who contravenes subsection (3) of section 41 of this Act shall be guilty of an offence.

(10) Where a person—

(a) prevents or attempts to prevent a person from appearing before an authorised officer exercising any of the powers conferred on an authorised officer by subsection (1) of section 42 of this Act,

(b) wilfully refuses to answer questions lawfully put to him by an authorised officer under that subsection,

(c) refuses to sign a declaration which he is lawfully required by an authorised officer to sign under that subsection, or

(d) in any other manner obstructs or impedes an authorised officer in the exercise of any of the powers conferred upon an authorised officer by that subsection,

he shall be guilty of an offence.

(11) Where a person upon whom a notice under subsection (3) of section 42 of this Act is served fails or neglects to comply with the requirements of the notice, he shall be guilty of an offence.

(12) (a) A person who is guilty of an offence under subsection (9) of this section shall be liable on conviction thereof on indictment to a fine not exceeding one thousand pounds together with, in the case of a continuing offence, a fine not exceeding one hundred pounds for every day on which the offence is continued.

(b) A person who is guilty of an offence under any other subsection of this section shall be liable on summary conviction to a fine not exceeding one hundred pounds together with, in the case of a continuing offence, a fine not exceeding ten pounds for every day on which the offence is continued.

(13) Where an offence under this Act is proved to have been committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary, other officer or servant of such body corporate, such director, manager, secretary, other officer or servant or any person purporting to act in such capacity shall also be deemed to have committed the said offence and he as well as the body corporate shall be deemed to be guilty of the offence.

Prosecution of offences.

46. —An offence under this Act may be prosecuted by An Chomhairle.

Proof of orders, rules and regulations.

47. Section 4 of the Documentary Evidence Act, 1925 , shall apply to all orders, rules and regulations under this Act.

Service and signing of notices.

48. —(1) A notice given pursuant to this Act or rules or regulations thereunder or rules mentioned in section 49 of this Act may be served on a person—

(a) by delivering it to him, or

(b) by sending it by registered post in an envelope addressed to him at the address at which he ordinarily resides or carries on business.

(2) A notice given pursuant to this Act or rules thereunder or rules mentioned in section 49 of this Act by An Chomhairle may be signed by an officer of An Chomhairle authorised in that behalf.

(3) For the purposes of subsection (1) of this section, a company registered under the Companies Act, 1963 , shall be deemed to carry on business at its registered office and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business.

Transitional provisions.

49. —(1) Notwithstanding anything contained in section 7 of this Act the following provisions shall apply:

(a) an order under section 21 or section 22 of the Act of 1959 in force immediately before the establishment day shall continue in force and may be amended or revoked by An Chomhairle by order under this section, subject, in the case of an order under the said section 22, to the modification that for any reference therein to functions to be performed by the committee established by the order there shall be substituted a reference to the function of advising and assisting An Chomhairle as respects the performance by An Chomhairle of its functions in relation to the activity of industry corresponding to the trade standing specified for the time being in the order, and any reference to An Cheard Chomhairle in any order under either of the said sections shall be construed as a reference to An Chomhairle.

(b) every rule and every notice made or given under the Act of 1959 in force immediately before the establishment day shall continue in force and every such rule shall be administered by An Chomhairle in respect of the area for and in respect of which it was actually made under the Act of 1959, and every such rule may be amended or revoked by An Chomhairle by order under this section, and proceedings and penalties arising in relation to any such rule or notice before, on or after the establishment day, may be prosecuted, recovered and enforced by An Chomhairle,

(c) every document purporting to be an instrument made by An Cheard Chomhairle and to be sealed with the seal (purporting to be authenticated in accordance with section 16 of the Act of 1959) of An Cheard Chomhairle shall continue to be received in evidence and to be deemed to be such instrument without proof unless the contrary is shown,

(d) in case a committee established by an order under the said section 22 has not before the establishment day made rules in accordance with the requirement of subsection (1) of section 29 of the Act of 1959, An Chomhairle may, on the advice of the committee, make such rules and any rules made under this paragraph shall, for the purposes of section 45 of this Act, have effect as if they were made under paragraph (e) of subsection (1) of section 27 of this Act, and

(e) a certificate issued under section 56 of the Act of 1959 in force immediately before the establishment day shall, if and in so far as it relates to any such rule, continue in force and may be amended or revoked by An Chomhairle by certificate under this section.

(2) An Chomhairle may by order amend or revoke an order under this section and may by certificate amend or revoke a certificate under this section.

(3) All property, whether real or personal (including choses-in-action), which immediately before the establishment day was vested in or belonged to or was held in trust or subject to conditions for An Cheard Chomhairle and all rights, powers and privileges relating to or connected with any such property shall on the establishment day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) An Chomhairle for all the estate, term or interest for which the same immediately before the establishment day was vested in or belonged to or was held in trust or subject to conditions for An Cheard Chomhairle, but subject to all trusts, conditions and equities affecting the same and then subsisting and capable of being performed.

(4) All property transferred by this section which immediately before the establishment day was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of An Cheard Chomhairle shall, upon the request of An Chomhairle made at any time on or after the establishment day, be transferred in such books by such bank, corporation or company into the name of An Chomhairle.

(5) Every chose-in-action transferred by this section from An Cheard Chomhairle to An Chomhairle may, on or after the establishment day, be sued upon, recovered, or enforced by An Chomhairle in its own name and it shall not be necessary for An Chomhairle to give notice to the person bound by such chose-in-action of the transfer effected by this section.

(6) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which, immediately before the establishment day is owing and unpaid or has been incurred and is undischarged by An Cheard Chomhairle shall, on the establishment day, become and be the debt or liability of An Chomhairle and shall be paid or discharged by and may be recovered from and enforced against An Chomhairle accordingly.

(7) Every arrangement made under section 39 of the Act of 1959 and every contract which was entered into and is in force immediately before the establishment day between An Cheard Chomhairle and any person shall continue in force on and after the establishment day, but every such contract shall be construed and have effect as if An Chomhairle were substituted therein for An Cheard Chomhairle, and every such arrangement and every such contract shall be enforceable by or against An Chomhairle accordingly.

(8) Where, immediately before the establishment day, any legal proceedings are pending to which An Cheard Chomhairle is a party, the name of An Chomhairle shall be substituted for that of An Cheard Chomhairle, and the proceedings shall not abate by reason of such substitution.

(9) Every register kept under section 44 of the Act of 1959 by an apprenticeship committee within the meaning of that Act shall be included in and shall be deemed to be part of the register required to be kept by An Chomhairle under section 33 of this Act.

(10) Section 12 of the Finance Act, 1895, shall not apply to the vesting in An Chomhairle of the property or rights transferred by this section.