PART II

Agricultural and Forestry Schemes.

13. —There shall be in every county a committee, to be called a committee of agriculture, to fulfil in respect of such county the functions assigned to committees of agriculture by this Part of this Act.

14. —(1) The committee which at the commencement of this Act is in a county the committee appointed under section 14 of the Act of 1899 for that county shall be the committee of agriculture for that county for the purposes of this Act until the first annual meeting of the council of that county held next after the commencement of this Act.

(2) So long as a committee appointed under section 14 of the Act of 1899 continues to be a committee of agriculture for the purposes of this Act all the enactments, rules and orders regulating the appointment and membership of such committee which were in force immediately before the commencement of this Act shall continue to apply to such committee notwithstanding anything contained in this Act.

15. —Subject to the provisions of this Act constituting a committee appointed under section 14 of the Act of 1899 to be a committee of agriculture for the purposes of this Act, the committee of agriculture for a county shall be appointed by the council of that county and the provisions contained in the Second Schedule to this Act shall apply to and regulate the appointment and membership of every such committee.

16. —(1) Four members personally present shall form a quorum at a meeting of a committee of agriculture.

(2) A committee of agriculture may act notwithstanding one or more vacancies in its membership and notwithstanding that by reason of such vacancy or vacancies such committee has ceased to be constituted in accordance with this Act.

(3) At any meeting of a committee the person appointed to act as chairman thereof may, in the event of an equality of votes, exercise a casting vote.

(4) Subject to the provisions of this Act and of regulations made thereunder, every committee of agriculture shall regulate, by standing orders or otherwise the procedure to be observed and the business to be transacted at its meetings.

17. —Whenever a meeting of a committee of agriculture is abandoned owing to failure to obtain a quorum, the names of the members attending at the time and place appointed for such meeting shall be recorded forthwith and, for the purposes of the provisions of this Act relating to disqualification of members by absence from meetings and of the provisions of this Act relating to the payment of travelling expenses to members of committees a meeting of such committee shall be deemed to have been held at such time and place and the members whose names are so recorded shall be deemed to have attended such meeting.

18. —(1) Subject to the provisions of this section, every committee of agriculture shall, as soon as may be after the 31st day of December and the 30th day of June in each year, pay to every member of such committee such contribution (if any) as is authorised by the rules contained in the Third Schedule to this Act towards the expenses incurred during the preceding six months by such member in attending the meetings of such committee.

(2) No contribution shall be payable under this section in respect of any period of six months ending on the 31st day of December in any year or on the 30th day of June in any year to a member of a committee of agriculture in respect of his attendance at meetings of such committee held during such period unless he has attended at least half of such meetings.

(3) The following provisions shall have effect in relation to the period commencing on the 1st day of April, 1931, and ending on the 30th day of June, 1931, that is to say:—

(a) the said period shall for the purposes of this section be deemed a period of six months; and

(b) the foregoing sub-section shall not apply in respect of the said period.

(4) Any person who knowingly makes or allows to be made a false statement for the purpose of obtaining the payment to himself or another of a sum under or in pursuance 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 fifty pounds, or, at the discretion of the court, to imprisonment with or without hard labour for a term not exceeding one year.

(5) Any person who is convicted of an offence under this section shall thereafter be disqualified from being elected or being a member of any committee of agriculture or of any vocational education committee, or of any council, body, or committee which is a local authority within the meaning of the Act of 1925, and shall also be disqualified from holding any office or employment under any committee of agriculture or any vocational education committee or any such council, body, or committee as aforesaid.

19. —(1) Every committee of agriculture shall be deemed to be a local body within the meaning of Part IV. of the Act of 1925, and that Part of that Act shall apply to committees of agriculture and their officers accordingly, subject to the modifications hereinafter mentioned.

(2) Section 50 of the Act of 1925 shall not apply in respect of committees of agriculture and their officers, and in lieu thereof it is hereby enacted that every sum payable under the said Part IV. of the Act of 1925 as applied by this section in respect of an allowance or gratuity granted thereunder to a person who was previously an officer of a committee of agriculture for a county shall be paid by the council of such county and shall be raised by means of the same rate and be paid out of the same funds and be charged on the same area as the agricultural rate to be raised by such council is raised by means of, paid out of and charged upon, but no such sum shall be reckoned for the purposes of any enactment (including this Act) limiting the amount of such rate.

(3) Section 47 of the Act of 1925 as amended by section 9 of the Act of 1927 shall not apply in respect of committees of agriculture and their officers, and in lieu thereof it is hereby enacted that—

(a) whenever an allowance or a gratuity is payable in pursuance of sub-section (2) of this section by a council of a county (in this sub-section called the paying body) to any person under Part IV. of the Act of 1925 as applied by this section in respect of his ceasing to hold office under a committee of agriculture and in ascertaining the service of such officer at the date of such cesser any service under another local authority (in this section called the contributing body) has been aggregated and reckoned, the contributing body shall refund to the paying body a part of such allowance or gratuity reckoned according to the service and pay of such officer under the contributing body and to the circumstances under which he ceased to hold office under the paying body, and such part shall be settled by agreement between the two bodies, or in default of agreement by the Minister for Local Government and Public Health, and

(b) for the purposes of the foregoing paragraph an officer's service under a committee of a contributing body shall be deemed to have been service under such contributing body and an officer's service under a joint committee of two or more contributing bodies shall be deemed to have been service under every such contributing body.

20. —(1) Every committee of agriculture shall be deemed to be a local authority within the meaning of section 60 of the Act of 1925 as amended by section 13 of the Act of 1927 and of sections 61 , 62 , 70 and 71 of the Act of 1925, and the said sections 60 (as so amended), 61 , 62 , 70 and 71 shall apply to committees of agriculture and their members and officers accordingly subject to the following modifications, that is to say, in the said section 60 as so amended the expression “the Minister” shall mean the Minister for Agriculture and in the said section 71 the expression “the Minister for Agriculture” shall be substituted for the expression “the Minister for Local Government and Public Health” wherever the latter expression occurs.

(2) Save as otherwise expressly provided by this Act, no committee of agriculture shall be deemed for the purposes of any enactment (including the Act of 1925 as amended by the Act of 1927) to be a local authority within the meaning of the said Act of 1925 as so amended or to be a committee of the council of a county.

21. —Every committee of agriculture for a county shall for the purposes of the Local Authorities (Mutual Assurance) Acts, 1926 and 1928, be deemed to be a committee of the council of such county and the said Acts shall apply to committees of agriculture accordingly.

22. —(1) Subject to the provisions of this section, every committee of agriculture shall appoint such officers and servants as it shall from time to time think necessary for the due performance of its powers and duties under this Act.

(2) The numbers, qualifications, salaries or remuneration, and appointment of all officers shall be subject to the approval of the Minister.

(3) A committee of agriculture for a county shall not create any pensionable office within the meaning of section 42 of the Act of 1925, unless the approval of the council of such county has been previously obtained to the creation of such office and to the scale of remuneration to be attached thereto.

(4) A committee of agriculture may dismiss any servant of such committee and, with the approval of the Minister, remove any officer of such committee.

(5) A committee of agriculture shall be deemed to be a local authority within the meaning of the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), and for that purpose the expression “the Minister” in that Act shall in relation to a committee of agriculture mean the Minister for Agriculture.

23. —(1) The Minister may by order, either upon or without any suggestion or complaint from a committee of agriculture, remove from his office or employment any paid officer or servant of a committee of agriculture whom he considers unfit or incompetent to perform his duties, or who at any time refuses or wilfully neglects to perform his duties or any of them, and may direct that a fit and proper person be appointed in his place in accordance with the law relating to appointments to such office or employment.

(2) Before removing under this section from his office or employment an officer or servant of a committee of agriculture, the Minister shall give to such committee and also to such officer or servant at least one fortnight's notice in writing of his intention to so remove such officer or servant, and if such committee or such officer or servant before the expiration of such notice request in writing the Minister to hold a local inquiry under this Act in relation to the performance by such officer or servant of his duties as such officer or servant, the Minister shall not so remove such officer or servant unless and until he has caused such local inquiry to be held and considered the report of the person who held such local inquiry.

(3) A notice of the Minister's intention to remove from his office or employment an officer or servant of a committee of agriculture under this section may be served on such committee by sending it by post to the chief executive officer of such committee and on such officer or servant by delivering it to him, or by sending it by post to him at his last known place of abode.

24. —(1) The Minister may at any time cause an inquiry (in this Act referred to as a local inquiry) to be held in relation to the performance by an officer or a servant of a committee of agriculture of his duties as such officer or servant and for that purpose may appoint an officer of the Minister to hold such local inquiry.

(2) Where the Minister causes a local inquiry to be held he may make an order directing the costs incurred in relation to such inquiry to be paid by the committee of agriculture concerned, and any such order shall certify the amount of such costs and the amount so certified shall be a debt due by such committee to the Minister and shall be recoverable by the Minister from such committee as a civil debt in a court of competent jurisdiction.

(3) For the purposes of this section the costs of any local inquiry shall be deemed to include such reasonable expenses of witnesses attending such inquiry as the Minister shall allow.

25. —(1) An officer appointed by the Minister to hold a local inquiry may by summons in the prescribed form signed by him require any person to attend at the time and place (not being a place more than thirty miles from the residence of such person) named in such summons and there and then to give evidence or produce any document in his power, possession, or procurement relating to any matter in question at such inquiry or do both such things.

(2) A summons issued under this section shall be served by delivering it to the person to whom it is addressed or by leaving it for him with a person of the age of sixteen years or more at the usual place of abode of such first mentioned person.

(3) If any person—

(a) on being duly served with a summons under this section makes default in attending in accordance with such summons; or

(b) being in attendance at a local inquiry as a witness refuses to take an oath legally required by the officer holding such inquiry to be taken by him or to produce any document in his possession, power or control legally required by such officer to be produced by him or to answer any question to which such officer may legally require an answer;

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(4) A witness before an officer holding a local inquiry shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(5) In this section the word “prescribed” means prescribed by regulations made by the Minister under this section.

26. —An officer appointed by the Minister to hold a local inquiry shall have power to take evidence on oath and for that purpose may administer oaths to persons attending before him as witnesses.

27. —(1) The Minister may by regulations made under this section prescribe the scales of salaries for the various classes of officers employed by committees of agriculture.

(2) A committee of agriculture shall not pay to any officer employed by it a salary which is less than the salary to which such officer is entitled in accordance with the scale prescribed by the said regulations in respect of the class of officers to which such officer belongs.

28. —The Minister may by regulations made under this section prescribe the cases in which travelling and maintenance expenses shall be allowed to officers of committees of agriculture who have to travel in the performance of their duties and the rates of such travelling and maintenance expenses.

29. —Any two or more committees of agriculture may, subject to the approval of the Minister, enter into an arrangement for the joint exercise of any of their powers under this part of this Act on such terms and conditions as may be agreed between them, and if any question arises between such committees in relation to such arrangement the matter in question shall be referred to the Minister whose decision thereon shall be final.

30. —(1) A committee of agriculture may make contracts with persons for the execution of works authorised by or under this Act to be executed by a committee of agriculture or for the supply of goods or materials or for any other purpose necessarily or properly arising in the execution by such committee of their functions under this Part of this Act, and every such contract made by a committee of agriculture in accordance with this section shall be as valid and effectual in all respects and for all purposes as if such committee had been, at all material times, a body corporate.

(2) The following provisions shall apply to every contract made by a committee of agriculture, that is to say:—

(a) every contract made by a committee of agriculture for the execution of any work shall be in writing and shall specify the work to be done, the materials (if any) to be supplied, the prices to be paid by the committee for such work and materials respectively, the time within which the contract is to be performed, and the penalties for failure or delay in the performance thereof;

(b) every contract by a committee of agriculture which is made in writing shall be expressed to be made by the council by whom such committee is appointed with the addition (after the name of such council) of the words “acting by the committee of agriculture” and shall be sufficiently executed on behalf of such council and such committee if signed by not less than two members of such committee acting by direction of such committee and countersigned by an officer of such committee;

(c) any contract by a committee of agriculture which is not required by this section or otherwise by law to be made in writing may be made by parole by not less than two members of such committee acting by direction of such committee;

(d) any contract by a committee of agriculture may be varied or discharged by such committee in the like manner and form as is required by this section in respect of such contract;

(e) before a contract involving the payment by a committee of agriculture of the sum of one hundred pounds or any greater sum is made by such committee, such committee shall cause not less than ten days' public notice by advertisement or otherwise to be given stating the nature and purpose of such contract and inviting tenders for the execution thereof;

(f) on the making of a contract involving the payment by a committee of agriculture of the sum of one hundred pounds or any greater sum, such committee shall require and take from the person by whom such contract is to be performed sufficient security for the due performance thereof;

(g) a committee of agriculture may compound in such manner as they think proper with any person in respect of any penalty or other liability incurred by such person to such committee by reason of failure or delay in the performance of a contract made by such committee whether such penalty or liability arises under such contract or under a bond or guarantee collateral to such contract or by way of damage or otherwise.

31. —(1) The accounts of every committee of agriculture shall be audited by an auditor appointed by the Minister for Local Government and Public Health and the following enactments, that is to say, sections 11 to 15 of the Local Government (Ireland) Act, 1871, sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898, and sections 20 and 21 of the Local Government (Ireland) Act, 1902, as amended or adapted by or under any subsequent enactment shall apply to the audit and auditor of the accounts of such committees in the same manner as such enactments as so amended or adapted apply to the audit and auditor of the accounts of the public bodies specified therein.

(2) The Minister for Local Government and Public Health shall from time to time as occasion requires ascertain and determine what proportion of the salary paid to the auditor appointed to audit the accounts of a committee of agriculture should be charged in respect of such audit and the amount of such proportion of such salary shall be paid by such committee to the said Minister.

32. —Legal proceedings had or taken by a committee of agriculture shall be had or taken in the name of the council by whom such committee is appointed with the addition (after the name of such council) of the words “acting by the committee of agriculture,” and legal proceedings had or taken against a committee of agriculture shall be had or taken against the council by whom such committee is appointed with the addition (after the name of such council) of the words “acting by the committee of agriculture.”

33. —(1) Every committee of agriculture shall in every year prepare a scheme (in this Act referred to as an agricultural scheme) for giving assistance and instruction for the purposes of agriculture and other rural industries in its county.

(2) Every agricultural scheme shall be subject to the approval of the Minister and, if and so far as so approved of, shall be given effect to and carried into execution by the committee of agriculture by which the same was prepared.

34. —Every committee of agriculture for a county shall for the purposes of Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, be deemed to be a committee of the council of such county and the said Article shall apply to committees of agriculture and their members accordingly subject to the modification that notwithstanding anything contained in paragraph (e) of sub-article (4) of the said Article 12, a person shall not, if otherwise qualified, be disqualified from being elected or chosen or being a member of any committee (other than a committee of agriculture) or joint committee wholly or partly appointed by the council of a county or by a board of health by reason of his having by himself or his partner received or contracted to receive any benefit or advantage offered to the public for the purposes of agriculture and other rural industries by a committee of agriculture in pursuance of an agricultural scheme administered by such committee.

35. —(1) Where the Minister, on the joint representation of the council of a county and the committee of agriculture for such county, considers it desirable that steps should be taken to preserve existing woods standing in such county, the Minister may by order (in this Act referred to as a forestry scheme order) declare that such county is a county in which it is desirable that a forestry scheme under this section should be put into effect.

(2) Where the Minister makes a forestry scheme order in respect of a county, the committee of agriculture for such county shall in every local financial year after the date of such order prepare a scheme (in this Act referred to as a forestry scheme) for the preservation of woods in such county and (subject to the approval of the Minister) carry such scheme into effect.

36. —(1) Every council of a county shall in every local financial year (including the local financial year commencing on the 1st day of April, 1931) raise equally over the whole of their county (excluding any urban districts comprised therein) by means of the poor rate a sum equal to not less than a rate of two pence in the pound on the rateable value of such county at the beginning of such year, and may, if they so think fit, in any local financial year (including the local financial year commencing on the 1st day of April, 1931) raise by the same means and in the same manner an additional sum equal to not more than a rate of one penny in the pound on the rateable value of such county at the beginning of such year, and all sums raised by virtue of this sub-section are in this Act referred to as the agricultural rate.

(2) Where the Minister has made a forestry scheme order in respect of a county, the council of such county shall in every local financial year after the date of such order if so required by the Minister during the preceding local financial year, but not otherwise raise equally over the whole of their county (excluding any urban districts comprised therein) by means of the poor rate a sum (in this Act referred to as the forestry rate) equal to not more than a rate of one halfpenny in the pound on the rateable value of such county at the beginning of such year.

(3) All acts, and things done before the commencement of this Act by the council of a county in relation to the making of a poor rate for the local financial year commencing on the 1st day of April, 1931, shall (where the amount to be raised by means of such poor rate includes the amount of the agricultural rate) be as valid and effectual as if sub-section (1) of this section were in force at the time such acts or things were done.

37. —(1) The council of a county may borrow for the purposes of an agricultural scheme or a forestry scheme as if those purposes were purposes for which they are authorised to borrow under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, and money borrowed under this section by the council of a county for the purposes of any such scheme shall not be reckoned as part of the total debt of such council for the purposes of the said Article.

(2) Moneys borrowed under this section by the council of a county for the purposes of an agricultural scheme shall be recouped to such council by the committee of agriculture for such county at such times, and in such manner, and with such interest as shall be appointed by regulations made by the Minister after consultation with the Minister for Local Government and Public Health.

(3) Moneys borrowed under this section by the council of a county for the purposes of a forestry scheme shall be recouped to such council by the committee of agriculture for such county at such times, and in such manner, and with such interest as shall be appointed by regulations made by the Minister after consultation with the Minister for Local Government and Public Health.

38. —(1) The moneys raised by the council of a county by means of the agricultural rate shall be paid without any deduction to the committee of agriculture for such county and shall be applied by such committee for all or any of the following purposes and for no other purpose whatsoever, that is to say:—

(a) to defray expenditure incurred by such committee under and in accordance with an agricultural scheme approved by the Minister;

(b) to defray administrative and incidental expenses incurred by such committee with the approval of the Minister;

(c) to recoup in accordance with this Act and regulations made thereunder to such council any moneys raised by such council by borrowing under this Act for the purposes of an agricultural scheme and placed at the disposal of such committee;

(d) to defray any payments required to be made by such committee under the provisions of this Act relating to the payment of travelling expenses to members of committees;

(e) to defray any debt due by such committee to the Minister in relation to the holding of a local inquiry by the Minister;

(f) to defray any payment required by this Act to be made by such committee to the Minister for Local Government and Public Health in relation to the audit of the accounts of such committee.

(2) The moneys raised by the council of a county by means of the forestry rate shall be paid without any deduction to the committee of agriculture for such county and shall be applied by such committee for all or any of the following purposes and for no other purpose whatsoever, that is to say:—

(a) to defray expenditure incurred by such committee under and in accordance with a forestry scheme approved by the Minister;

(b) to defray administrative and incidental expenses incurred by such committee with the approval of the Minister;

(c) to recoup in accordance with this Act and regulations made thereunder to such council any moneys raised by such council by borrowing under this Act for the purposes of a forestry scheme and placed at the disposal of such committee.

(3) Moneys raised by the council of a county by borrowing under this Act for the purposes of an agricultural scheme or for the purposes of a forestry scheme shall be placed at the disposal of the committee of agriculture for such county and shall be expended by such committee in accordance with such agricultural scheme or such forestry scheme (as the case may be) and not otherwise.

39. —There shall be placed at the disposal of the Minister and applied by him for the purposes of agricultural schemes or forestry schemes such moneys as may from time to time be provided by the Oireachtas for those purposes.

40. —(1) The Minister may by order do both or either of the following things, that is to say:—

(a) make regulations in respect of the accounts of committees of agriculture and the audit of such accounts;

(b) make regulations respecting the procedure of committees of agriculture in connection with the business imposed on or transferred to them by this Act.

(2) Regulations made by the Minister under this section shall, if and so far as they relate to the accounts or the auditing of the accounts of committees of agriculture, be made only after consultation with the Minister for Local Government and Public Health.