First Previous (PART I. Preliminary and General.) Next (PART III. Compulsory Acquisition of Land for the Purposes of Cement Factories.)

17 1933

CEMENT ACT, 1933

PART II.

Control of Manufacture of Cement.

Restriction on manufacture of cement.

8. —(1) It shall not be lawful for any person to manufacture, by way of trade or for the purposes of gain, cement in Saorstát Eireann unless—

(a) such person is the holder of a licence (in this Part of this Act referred to as a cement manufacture licence) granted by the Minister under this Part of this Act 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 cement under a cement 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 cement manufacture licence authorising the manufacture of cement 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 cement 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 cement manufacture licence, such first mentioned person shall, for the purposes of the succeeding provisions of this Act, be deemed to be the holder of such licence.

Standard of Portland cement.

9. —(1) The Minister shall, as soon as may be after the commencement of this Act, by order under this sub-section appoint by reference to quality the standard to which Portland cement manufactured by holders of cement manufacture licences is to conform.

(2) The Minister may from time to time by order under this sub-section amend the order made under the immediately preceding sub-section.

(3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either House of the Oireachtas within the next subsequent ten days on which that House has sat after such order is so laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

(4) If any holder of a cement manufacture licence manufactures any Portland cement the quality of which does not conform to the standard for the time being appointed under this section, such holder 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.

Applications for cement manufacture licences.

10. —(1) Any person who proposes to manufacture cement may apply to the Minister for a cement manufacture licence.

(2) The following provisions shall have effect in relation to applications for cement manufacture licences, that is to say:—

(a) every application shall be in the prescribed form and be made in the prescribed manner;

(b) every application shall state—

(i) the area within which the applicant proposes to manufacture cement;

(ii) such other particulars as may be prescribed.

(3) Every person who applies for a cement 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.

Grant of cement manufacture licence.

11. —Whenever an application is made to the Minister for the grant of a cement manufacture licence, the Minister may, in his discretion, grant or refuse to grant to the applicant such licence.

Form and operation of cement manufacture licences.

12. —(1) Every cement 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 cement within the area specified in such licence, but subject to the provisions of this Act relating to standard of Portland cement and 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 cement manufacture licence, alter the area specified in such licence.

Attachment of conditions to cement manufacture licences.

13. —(1) Whenever the Minister grants a cement 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 cement 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 cement within such area;

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

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

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

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

(h) the mode of manufacture of cement at such factory;

(i) the packing of cement manufactured at such factory;

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

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

(l) 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 Saorstát Eireann;

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

(n) the transfer of such licence;

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

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

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

(r) the right of taking samples of cement manufactured at such factory.

(2) Whenever the Minister attaches any conditions to a cement 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 cement manufacture licence, alter any conditions attached to such licence.

Breach of conditions of cement manufacture licence.

14. —If any person who is the holder of a cement 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.

15. —(1) The wages paid by the holder of a cement 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 cement 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 cement manufacture licences.

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

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