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The Agricultural Wages Committees Regulations 1949

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Statutory Instruments

1949 No. 1885

AGRICULTURE

The Agricultural Wages Committees Regulations, 1949

Made

10th August 1949

Laid before Parliament

10th October 1949

Coming into Operation

1st November 1949

The Minister of Agriculture and Fisheries, in exercise of the powers conferred on him by Section 2 and the Third Schedule of the Agricultural Wages Act, 1948, hereby makes the following regulations:—

PART IConstitution and Proceedings of Agricultural Wages Committees

1.  These Regulations may be cited as the Agricultural Wages Committees Regulations, 1949, and shall come into operation on the first day of November, 1949.

2.—(1) In these Regulations the following expressions have the meanings hereby assigned to them:—

The Act” means the Agricultural Wages Act, 1948;

The Minister” means the Minister of Agriculture and Fisheries;

A Committee” means an Agricultural Wages Committee established under Section 2 of the Act;

Representative Members” means the persons representing employers and persons representing workers in agriculture referred to in the Third Schedule to the Act nominated in accordance with Regulation 3 hereof;

Appointed Members” means the two impartial persons appointed by the Minister in accordance with Paragraph 1 of the Third Schedule to the Act.

(2) The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to an Act of Parliament.

3.  The number of representative members comprised in any Committee shall be such number as the Minister may from time to time direct and such members shall, in the case of representatives of employers, be nominated by the Council of the National Farmers' Union, and, in the case of representatives of workers in agriculture, be nominated by the Executive Committee of the National Union of Agricultural Workers and by the General Executive Council of the Transport and General Workers' Union respectively in such proportions as may be agreed between them or in default of agreement in such proportions as the Minister may determine. If the said Council, Executive Committee or General Executive Council, as the case may be, shall fail to nominate within such period of the occurrence of any vacancy as the Minister may direct, a person to fill such vacancy, the Minister may fill the vacancy by nominating any person whom he may consider to be fit and proper for that purpose to act as a member of the Committee.

4.  If a Committee fail to appoint a chairman within twenty-eight days after a vacancy occurs in such appointment, the Minister shall appoint the Chairman.

5.  Any member who, in the opinion of the Minister, fails without reasonable cause to attend one-half of the total number of meetings in a year of office, shall, if so directed by the Minister, cease to be a member of the Committee.

6.  The said Council, Executive Committee, General Executive Council or Minister may, by notice to the Secretary and the member affected, terminate the membership of any representative or appointed member, as the case may be, if, in the opinion of the said Council, Executive Committee, General Executive Council or Minister, there is good and sufficient cause for such termination.

7.  Subject to the provisions of the foregoing Regulations, the term of office of a representative member shall be three years, and the term of office of an appointed member shall be two years, provided that—

(a)any member may retire by notice in writing to the Secretary of the Committee;

(b)a member nominated or appointed to fill a casual vacancy shall act only for the unexpired portion of the term of office of his predecessor; and

(c)a member whose term of office expires shall continue to act as a member until a successor is nominated or appointed.

8.  Any member whose term of office expires shall be eligible to be renominated or re-appointed as a member of the Committee.

9.  The term of office of a chairman of a Committee appointed to act in any year shall expire at the end of that year.

10.  Every member of a Committee or sub-committee shall have one vote. If at any meeting of a Committee or sub-committee the number of representative members present representing employers and workers respectively is unequal, the chairman or other person presiding shall require 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.

11.  In order to constitute a meeting of a Committee, except for the appointment of a chairman, the chairman, or a vice-chairman, or one appointed member of the Committee, must be present. A meeting of a Committee shall not be duly constructed unless there are present at least one-third of the whole number of members constituting the Committee.

12.  A Committee may, with the sanction of the Minister, appoint one or more sub-committees consisting of one or more representatives of employers and one or more representatives of workers in agriculture, whether representative members of the Committee or other persons, in equal proportions, together with a chairman, if the Committee think fit and may refer to any such sub-committee for report and recommendations any matter which they think it expedient so to refer and may also, if they think fit, subject to these Regulations, delegate to any such sub-committee any of their powers and duties under the Act. The term of office of a member of a sub-committee shall be such period, not exceeding one year, as the Committee may determine. The Secretary of the Committee shall act as the Secretary of any sub-committee.

13.  Where a Committee delegate any of their power to a sub-committee the Committee may direct that the exercise of the powers by the sub-committee shall be subject to such conditions as to appeal to them from the decision of the sub-committee or otherwise as the Committee may think desirable, and except and in so far as the Committee shall otherwise direct, the following conditions shall apply, that is to say, any decision by the sub-committee shall be reported as soon as may be to the Committee, who may vary or annul the decision, but not so as to affect or prejudice anything done or suffered under or by reason of the decision of the sub-committee before it is varied or annulled.

14.  The Secretary of a Committee shall convene meetings of the Committee by notice in writing to each member at such times as the chairman shall direct and also whenever the Secretary shall receive a request in writing for convening a meeting signed by five members of the Committee. The Secretary shall also convene a meeting for the appointment of a chairman as soon as possible after a vacancy shall occur in such appointment. The place at which a meeting shall be held shall be determined by the Minister, or with his sanction by the chairman.

15.  Any person holding office or acting or serving under or by virtue of the Regulations revoked by these Regulations shall continue to hold his office or act or serve as if he had been appointed or authorised under or by virtue of the corresponding provision of these Regulations.

PART IIGeneral

16.  Notice of an application to a Committee—

(a)for a permit exempting a worker's employment from the provisions of Section 4 of the Act, made under Section 5 of the Act;

(b)for a certificate that they approve the terms of employment of a worker in receipt of instruction in agriculture, made under Section 6 of the Act;

(c)for a direction that the value of a house or part of a house be reckoned at a different amount from that determined by order made under Section 7 (1) (b) of the Act, made under Section 7 (3) of the Act

shall if the application is made by the employer be given to the worker and if the application is made by the worker be given to the employer so as to enable the person to whom the notice is given to make such representations to the Committee as he may think desirable.

17.  The Agricultural Wages Committees Regulations, 1924(1), The Agricultural Wages Committees (Amendment) Regulations, 1925(2), The Agricultural Wages Committees (Amendment) Regulations, 1930(3), and The Agricultural Wages Committees (No. 2) Regulations, 1940(4). are hereby revoked.

In witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this tenth day of August, nineteen hundred and forty-nine.

L.S.

T. Williams

EXPLANATORY NOTE

These Regulations revoke the Agricultural Wages Committees Regulations, 1924 (as amended by the Agricultural Wages Committees (Amendment) Regulations, 1925, The Agricultural Wages Committees (Amendment) Regulations, 1930 and The Agricultural Wages Committees (No. 2) Regulations, 1940), and re-enact with minor modifications such of their provisions as are not spent or had not become obsolete in consequence of the transfer of the power to fix wages from Agricultural Wages Committees to the Agricultural Wages Board.

(1)

p. 4

(2)

p. 1

(3)

p. 29

(4)

I, p. 5

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