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24 1983

POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983

FIRST SCHEDULE

Election of Certain Directors

Section 34 .

Part I

Employee Directors

1. (1) The Secretary of the company (or a person selected by him after consultation with representatives of the employees) shall be the returning officer for each election of employee directors of the company.

(2) The returning officer shall not be entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.

(3) The returning officer may authorise any person to exercise designated functions on his behalf and subparagraph (2) shall apply to any such person.

2. (1) A poll shall be conducted where the number of candidates exceeds the number of seats to be filled.

(2) Where one-third of the directors is not a whole number the next higher whole number shall be taken to be one-third for the purposes of an election.

(3) Voting shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.

(4) Presiding officers at the poll and polling clerks shall be appointed by the returning officer.

(5) The election shall be held in accordance with arrangements made by the returning officer.

(6) The returning officer shall be required to give due notice of these arrangements to the electorate and to designate premises as an election office.

(7) All arrangements for an election shall be subject to the consent of the Minister.

3. (1) The returning officer shall fix the nomination day and give notice of the election not later than 10 weeks before that day.

(2) The nomination day shall be not earlier than 6 weeks after the day on which eligibility of voters and candidates is determined in accordance with paragraphs 11 and 12, respectively.

4. The returning officer may declare each candidate elected if the number of candidates standing duly nominated does not exceed the number of seats to be filled.

5. (1) The returning officer may take a preliminary poll, at the request of one or more recognised trade unions or staff associations representing at least 15 per cent. of the electorate, to ascertain whether or not a majority of the electorate is in favour of proceeding with the election.

(2) The preliminary poll shall be undertaken in accordance with arrangements made by the returning officer and duly notified to the electorate.

(3) If a majority at the preliminary poll opposes the election, the holding of the election shall be deferred for 3 years.

(4) The arrangements for a preliminary poll shall be subject to the consent of the Minister.

6. If the nomination of candidates or any poll is interrupted or cannot be proceeded with the returning officer may adjourn the nomination or poll for such period as he considers appropriate to enable him, on its expiration, to proceed with or complete the nomination or poll.

7. On receipt of a notification from the returning officer of the names of candidates elected or declared to be elected under paragraph 4, the Minister shall, in accordance with section 34 , appoint each of the candidates as a director of the company.

8. The returning officer shall place the remaining candidates in order of votes credited to each at the last count in which he was involved.

9. In choosing a person to fill a casual vacancy the Minister shall select the next eligible candidate, if any, on the voting list under paragraph 8. Where two or more candidates are credited with an equal number of votes the Minister shall select one of them by lot.

10. The company shall bear the cost of holding the election except costs incurred by candidates expressly on their own behalf.

11. Every employee of the company who, on the day specified by the returning officer and on the day on which the poll is taken—

(a) is not less than eighteen years of age, and

(b) has been an employee of the company for a continuous period of not less than one year, and

(c) works not less than 18 hours a week for the company,

shall be entitled to vote at an election or preliminary poll.

12. (1) Every employee of the company who, on the day specified by the returning officer under paragraph 11, is not less than eighteen years of age and has been an employee of the company for a continuous period of not less than three years and works not less than 18 hours a week for the company shall be eligible to be nominated as a candidate at the election.

(2) Nominations shall be made in the manner prescribed by the returning officer.

(3) A candidate may be nominated by a recognised trade union or staff association or jointly by two or more such bodies but no such body shall be entitled both to nominate one or more candidates jointly with another such body or bodies.

(4) The returning officer shall rule on the validity of nominations. His decision shall be final.

13. Prior service (for a continuous period ending on the vesting day) in the Department of Posts and Telegraphs of staff transferred to the company on the vesting day shall be reckonable as service with the company for the purposes of paragraphs 11 and 12.

14. The returning officer shall prepare and maintain a list of eligible voters and candidates.

15. The returning officer shall prepare and maintain a list of recognised trade unions and staff associations for the purposes of this Part.

Part II

Postmaster Director of An Post

Section 81 .

1. (1) The Secretary of the company (or a person selected by him after consultation with representatives of postmasters) shall be the returning officer for each election of a director in accordance with section 81.

(2) The returning officer shall not be entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.

(3) The returning officer may authorise any person to exercise designated functions on his behalf and subparagraph (2) shall apply to any such person.

2. (1) A poll shall be conducted where there are two or more candidates.

(2) Voting shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.

(3) Presiding officers at the poll and polling clerks shall be appointed by the returning officer.

(4) The election shall be held in accordance with arrangements made by the returning officer.

(5) The returning officer shall be required to give due notice of these arrangements to the electorate and to designate premises as an election office.

(6) All arrangements for an election shall be subject to the consent of the Minister.

3. (1) The returning officer shall fix the nomination day and give notice of the election not later than 10 weeks before that day.

(2) The nomination day shall be not earlier than 6 weeks after the day on which the eligibility of voters and candidates is determined in accordance with paragraphs 11 and 12, respectively.

4. If there is only one candidate the returning officer shall declare him elected.

5. (1) The returning officer may take a preliminary poll, at the request of one or more recognised unions or associations representing at least 15 per cent, of the electorate, to ascertain whether or not a majority of the electorate is in favour of proceeding with the election.

(2) The preliminary poll shall be undertaken in accordance with arrangements made by the returning officer and duly notified to the electorate.

(3) If a majority at the preliminary poll opposes the election, the holding of the election shall be deferred for 3 years.

(4) The arrangements for a preliminary poll shall be subject to the consent of the Minister.

6. If the nomination of candidates or any poll is interrupted or cannot be proceeded with the returning officer may adjourn the nomination or poll for such period as he considers appropriate to enable him, on its expiration, to proceed with or complete the nomination or poll.

7. On receipt of a notification from the returning officer of the name of the candidate elected or declared elected under paragraph 4, the Minister shall, in accordance with section 81 , appoint him as a director of the company.

8. The returning officer shall place the remaining candidates in order of votes credited to each at the last count in which he was involved.

9. In choosing a person to fill a casual vacancy the Minister shall select the next eligible candidate, if any, on the voting list under paragraph 8. Where two or more candidates are credited with an equal number of votes the Minister shall select one of them by lot.

10. The company shall bear the cost of holding the election except costs incurred by candidates expressly on their own behalf.

11. Every postmaster who, on the day specified by the returning officer and on the day on which the poll is taken—

(a) is not less than twenty-one years of age, and

(b) has been a postmaster for a continuous period of not less than one year ending immediately before that day,

shall be entitled to vote at an election or preliminary poll.

12. (1) Every postmaster who, on the day specified by the returning officer under paragraph 11 is not less than twenty-one years of age and has been a postmaster for a continuous period of not less than three years ending immediately before that day shall be eligible to be nominated as a candidate at an election.

(2) Nominations shall be made in the manner prescribed by the returning officer.

(3) A candidate may be nominated by a recognised union or association representing postmasters or jointly by two or more such bodies but no such body shall be entitled both to nominate one or more candidates of its own accord and to nominate one or more candidates jointly with another such body or bodies.

(4) The returning officer shall rule on the validity of nominations. His decision shall be final.

13. The returning officer shall prepare and maintain a list of eligible voters and candidates.

14. The returning officer shall prepare and maintain a list of recognised unions and associations for the purposes of this Part.