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36 1934

CONTROL OF MANUFACTURES ACT, 1934

PART II.

Amendment and Extension of the Principal Act.

Restriction on the carrying on of manufactures.

9. —(1) It shall not be lawful for any person, who carries on a business by way of trade or for the purposes of gain, to do any of the following things in the course or as part of such business, that is to say, to make, alter, repair, ornament, finish, or to adapt for sale any article, material, or substance or any part of any article, material, or substance, unless either—

(a) such business was carried on continuously in Saorstát Eireann between the 2nd day of July, 1934, and the time at which such thing is done, and such business was on the 2nd day of July, 1934, in the beneficial ownership of an individual who was one the 2nd day of July, 1934, a national of Saorstát Eireann, and such business is at the time such thing is done in the beneficial ownership of an individual who is at that time a national of Saorstát Eireann; or

(b) such business is, at the time such thing is done, in the beneficial ownership of an individual who is at that time a qualified person; or

(c) such business was carried on continuously in Saorstát Eireann between the 2nd day of July, 1934, and the time at which such thing is done, and such business was on the 2nd day of July, 1934, owned by two or more individuals and more than half the capital invested on the 2nd day of July, 1934, in such business was beneficially owned by an individual who was or two or more individuals each of whom was on the 2nd day of July, 1934, a national of Saorstát Eireann, and such business is, at the time such thing is done, owned by two or more individuals and more than half the capital invested at that time in such business is beneficially owned by an individual who is or two or more individuals each of whom is at that time a national of Saorstát Eireann; or

(d) such business is at the time such thing is done, beneficially owned by two or more individuals each of whom is at that time a qualified person; or

(e) such business was carried on continuously in Saorstát Eireann between the 2nd day of July, 1934, and the date at which such thing is done, and such business was on the 2nd day of July, 1934, owned by a body corporate the issued shares of which were on the 2nd day of July, 1934, to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of a person who was or of two or more persons each of whom was on the 2nd day of July, 1934, either a national of Saorstát Eireann or a body corporate the issued shares of which were on the 2nd day of July, 1934, to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of persons who were on the 2nd day of July, 1934, nationals of Saorstát Eireann, and such business is, at the time such thing is done, owned by a body corporate the issued shares of which are at the time such thing is done to an extent exceeding one-half (in nominal value) in the beneficial ownership of a person who is or of two or more persons each of whom is at that time either a national of Saorstát Eireann or a body corporate the issued shares of which are at that time to an extent exceeding one half (in nominal value) thereof in the beneficial ownership of nationals of Saorstát Eireann;

or

(f) such business is, at the time such thing is done, owned by a body corporate (in this paragraph referred to as the owning body corporate) in respect of which all the following conditions are complied with, that is to say:—

(i) the issued shares of the owning body corporate are at that time to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of a person who is or two or more persons each of whom is at that time either a qualified person or a body corporate which is a body corporate (in this paragraph referred to as a qualified holding body corporate) in respect of which both the following conditions are complied with, that is to say:—

(I) the issued shares of such holding body corporate are at that time to an extent exceeding one-half (in nominal value) thereof in the beneficial ownership of persons who are at that time qualified persons, and

(II) at least two-thirds (in nominal value) of every class of shares carrying voting rights (whether immediate or to arise in certain future circumstances) and issued by such holding body corporate are at that time in the beneficial ownership of persons who are at that time qualified persons; and

(ii) at least two thirds (in nominal value) of every class of shares carrying voting rights (whether immediate or to arise in certain future circumstances) and issued by the owning body corporate are at that time in the beneficial ownership of a person who is or two or more persons each of whom is at that time either a qualified person or a body corporate which is a qualified holding body corporate; and

(iii) a majority of the directors (other than a managing director giving the whole of his time to his duties as such director) of the owning body corporate are nationals of Saorstát Eireann; or

(g) such business was carried on continuously in Saorstát Eireann between the 1st day of June, 1932, and the time at which such thing is done and such business is, at the time such thing is done, owned by the body corporate by which it was owned on the said 1st day of June, 1932, and the doing of such thing would, if it had been done on the said 1st day of June, 1932, or within one month immediately preceding that date have been in the ordinary course or formed part of such business or have been a reasonable extension of such business as then carried on in Saorstát Eireann;

or

(h) such business was carried on continuously in Saorstát Eireann between the 1st day of June, 1932, and the time at which such thing is done, and such business is, at the time such thing is done, beneficially owned by the individual or all, some, or one of the individuals by whom it was beneficially owned on the 1st day of June, 1932, and the doing of such thing would, if it had been done on the said 1st day of June, 1932, or within one month immediately preceding that date have been in the ordinary course or formed part of such business or have been a reasonable extension of such business as then carried on in Saorstát Eireann;

or

(i) such business was carried on continuously in Saorstát Eireann between the 1st day of June, 1932, and the time at which such thing is done, and such business is, at the time such thing is done, owned by a body corporate the issued shares of which are beneficially owned to an extent exceeding one half (in nominal value) by the individual or individuals by whom the business was beneficially owned on the 1st day of June, 1932, and the doing of such thing would, if it had been done on the said 1st day of June, 1932, or within one month immediately preceding that date, have been in the ordinary course or formed part of such business or have been a reasonable extension of such business as then carried on in Saorstát Eireann; or

(j) such person is the holder of a new manufacture licence granted (whether before or after the passing of this Act) under the Principal Act and such thing is done under such licence; or

(k) such business is carried on in direct succession to a deceased person who would, if such thing had been done immediately before his death, have been lawfully entitled, under the foregoing provisions of this sub-section, to do such thing in the course or as part of such business, and such thing is done in the course or as part of such business 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, is so done by the personal representative of such person while carrying on such business in due course of administration; or

(l) such thing is done in the course or as part of a business 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 would, if such thing had been done immediately before such assignee, trustee, receiver, or manager commenced to carry on such business, have been lawfully entitled under the foregoing provisions of this sub-section to do such thing in the course or as part of such business.

(2) For the purposes of paragraphs (e) and (f) of sub-section (1) of this section but not further or otherwise, the following provisions shall have effect, that is to say:—

(a) where an individual who is either a national of Saorstát Eireann or a qualified person dies and is at the time of his death the beneficial owner of any shares in a body corporate, such shares shall, until the grant of probate of his will or letters of administration of his personal estate, be deemed to continue, in case such individual was a national of Saorstát Eireann, in the beneficial ownership of a national of Saorstát Eireann or, in case such individual was a qualified person, in the beneficial ownership of a qualified person, and upon the said grant being made the personal representative for the time being of such individual shall, so long as he is entitled to such shares in his representative capacity, be deemed to be the beneficial owner of such shares and, in case such individual was a national of Saorstát Eireann and such personal representative is not a national of Saorstát Eireann, to be a national of Saorstát Eireann or, in case such individual was a qualified person and such personal representative is not a qualified person, to be a qualified person; and

(b) where an individual who is either a national of Saorstát Eireann or a qualified person becomes a bankrupt or carries an arrangement with his creditors and such individual was at the time of his bankruptcy or arrangement the beneficial owner of any shares in a body corporate, and his interest in such shares becomes vested in his assignee in bankruptcy or a trustee of the estate of such individual as an arranging debtor, such shares shall be deemed so long as such interest remains so vested, to be in the beneficial ownership of such assignee or trustee, and such assignee or trustee shall, so long as such interest remains so vested, be deemed, in case such individual is a national of Saorstát Eireann and such assignee or trustee is not a national of Saorstát Eireann, to be a national of Saorstát Eireann or, in case such individual is a qualified person and such assignee or trustee is not a qualified person, to be a qualified person; and

(c) where a person is for the time being entitled to the income arising from any shares in a body corporate held by a trustee, such person shall, so long as he continues to be entitled to such income, be deemed to be the beneficial owner of such shares; and

(d) where two or more persons are each for the time being entitled to a proportionate part of the income arising from shares in a body corporate or from such shares and other property held by a trustee, each of such persons, so long as he continues to be entitled to a proportion of such income, shall be deemed to be the beneficial owner of a corresponding proportion of such shares; and

(e) where the issued shares of a body corporate are transferred to a bank, being a body corporate, by way of security for an advance and such bank is registered as the owner of such shares in the register of shareholders of such body corporate, such transfer and registration shall be deemed not to operate to transfer the ownership of such shares to such bank.

(3) Whenever the issued shares of a body corporate cease to be held in the manner stated in paragraph (e) of sub-section (1) of this section, such shares shall for the purposes of that paragraph be deemed to continue to be held in accordance with that paragraph for a period of six months after they cease to be in fact so held.

(4) Whenever the issued shares of a body corporate cease to be held in the manner stated in paragraph (f) of sub-section (1) of this section, such shares shall for the purposes of that paragraph be deemed to continue to be held in accordance with that paragraph for a period of six months after they cease to be in fact so held.

(5) Every person who does any act which is a 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 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.

Evidence.

10. —(1) Where a body corporate which is not registered in Saorstát Eireann under the Companies Acts, 1908 to 1924, is charged with having committed an offence under the immediately preceding section, the onus of proving the matters or any of the matters mentioned in paragraphs (e), (f), (g), and (i) respectively of sub-section (1) of the said section shall lie upon the body corporate so charged, and until the contrary is proved it shall be presumed that none of those matters is applicable in relation to the act alleged to constitute such offence.

(2) In any proceedings against a body corporate which is not registered in Saorstát Eireann under the Companies Acts, 1908 to 1924, for an offence under the immediately preceding section, the production of a certificate, in the prescribed form and containing the prescribed particulars and verified in the prescribed manner under the hand of a person registered as the proprietor of shares in such body corporate, certifying—

(a) that he is the beneficial owner of such shares and is a national of Saorstát Eireann, or

(b) that he holds such shares on behalf of another person and that such other person is a national of Saorstát Eireann, or

(c) that he is the beneficial owner of such shares and is a qualified person, or

(d) that he holds such shares on behalf of another person and that such other person is a qualified person, shall be prima facie evidence of the facts so certified.

(3) If any person makes in a certificate under this section 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 to a fine not exceeding ten pounds.

Revocation of new manufacture licence on failure to commence operations within a specified time.

11. —(1) Where—

(a) a new manufacture licence has been granted before the date of the passing of this Act, and

(b) the holder of such licence has not commenced to do all the things authorised by such licence,

the Minister may serve on such person a notice requiring such person, within such time as the Minister thinks fit and specifies in such notice, to commence to do all such things.

(2) Where a notice has been served on the holder of a new manufacture licence under the immediately preceding sub-section, the Minister may, notwithstanding anything contained in sub-section (3) of section 10 of the Principal Act, revoke such licence if it appears to him that the requirements of such notice have not been complied with.

(3) Every new manufacture licence granted after the date of the passing of this Act shall, in addition to any term or condition subject to which by virtue of paragraph (c) of sub-section (2) of section 6 of the Principal Act such licence is to be granted, be and be expressed to be granted subject to a stipulation that the holder of such licence shall commence to do within such time as the Minister thinks proper and specifies in such licence all the things authorised to be done under such licence.

(4) If any holder of a new manufacture licence granted after the date of the passing of this Act fails or neglects to do within the time specified in such licence all the things authorised to be done under such licence, the Minister may, notwithstanding anything contained in sub-section (3) of section 10 of the Principal Act, revoke such licence.

Register of new manufacture licences.

12. —(1) As soon as may be after the passing of this Act the Minister shall establish and shall thereafter maintain a register (in this section referred to as the said register) of new manufacture licences granted under this Act.

(2) Immediately upon the establishment of the said register the Minister shall enter therein all new manufacture licences granted under the Principal Act before the passing of this Act, and whenever a new manufacture licence is granted after the passing of this Act the Minister shall forthwith enter such licence in the said register.

(3) Every entry of a new manufacture licence in the said register shall include a statement of the name of the person to whom such licence was granted, the article, material, or substance to which such licence relates, and the thing or things which the licensee under such licence is authorised by such licence to do.

(4) The said register shall be kept at such place in the City of Dublin as the Minister shall direct and shall be open to inspection by the public during the prescribed hours on every day (except Sundays and bank holidays) on payment of the prescribed fee.

Amendment of section 10 of the Principal Act.

13. —The expression “under any section of this Act” in sub-section (2) of section 10 of the Principal Act shall be construed as meaning under any section of the Principal Act or under any section of this present Act.

Information from certain individuals and bodies corporate.

14. —(1) The Minister may from time to time serve a notice in writing on any individual, who appears to him to be the owner or part owner of or in control of a business which appears to him to be carried on by way of trade or for the purposes of gain and to be one to which this section applies, requiring such individual to state if he is the owner or part-owner of or is in control of such business, and if so within twenty-eight days after the service of such notice, to send to the Minister a return—

(a) stating whether such business complies with all the following conditions, that is to say:—

(i) that such business was carried on continuously in Saorstát Eireann between the 2nd day of July, 1934, and the date (in this sub-section referred to as the specified date) specified in such notice, and

(ii) that such business was on the 2nd day of July, 1934, in the beneficial ownership of an individual who was on the 2nd day of July, 1934, a national of Saorstát Eireann, and

(iii) that such business was on the specified date in the beneficial ownership of an individual who was on the specified date a national of Saorstát Eireann,

and if so, stating—

(I) in respect of the individual by whom such business was beneficially owned on the 2nd day of July, 1934, the required particulars in relation to such individual in respect of the 2nd day of July, 1934, and

(II) in respect of the individual by whom such business was beneficially owned on the specified date, the required particulars in relation to such individual in respect of the specified date; and

(b) stating whether such business was on the specified date in the beneficial ownership of an individual who was on the specified date a qualified person, and if so, stating the required particulars in relation to such individual in respect of the specified date; and

(c) stating whether all the following conditions are complied with in respect of such business, that is to say:—

(i) that such business was carried on continuously in Saorstát Eireann between the 2nd day of July, 1934, and the specified date, and

(ii) that such business was on the 2nd day of July, 1934, owned by two or more individuals, and

(iii) that more than half the capital invested on the 2nd day of July, 1934, in such business was beneficially owned by an individual or individuals each of whom was on the 2nd day of July, 1934, a national of Saorstát Eireann, and

(iv) that such business was on the specified date owned by two or more individuals, and

(v) that more than half the capital invested on the specified date in such business was beneficially owned by an individual who was or two or more individuals each of whom was on the specified date a national of Saorstát Eireann;

and if so, stating—

(I) in respect of the individual (being then a national of Saorstát Eireann) or each of the individuals (being then nationals of Saorstát Eireann) by whom more than half the capital invested on the 2nd day of July, 1934, in such business was owned, the required particulars in relation to such individual or each of such individuals in respect of the 2nd day of July, 1934, and

(II) in respect of the individual (being then a national of Saorstát Eireann) or each of the individuals (being then nationals of Saorstát Eireann) by whom more than half the capital invested on the specified date in such business was owned, the required particulars in relation to such individuals or each of such individuals in respect of the specified date; and

(d) stating whether such business was on the specified date beneficially owned by two or more individuals each of whom was on the specified date a qualified person, and if so, stating the required particulars in relation to each such individual, in respect of the specified date; and

(e) stating whether such business complies with both the following conditions, that is to say:—

(i) that such business was carried on continuously in Saorstát Eireann between the 1st day of June, 1932, and the specified date, and

(ii) that such business was on the specified date beneficially owned by the individual or all or some one of the individuals by whom it was beneficially owned on the 1st day of June, 1932,

and if so, stating the following particulars, that is to say:—

(I) the name and address of the individual or the names and addresses of the individuals by whom such business was beneficially owned on the 1st day of June, 1932, and on the specified date, and

(II) the nature and extent of the business (including such matters as capital invested in the business, output and number of employees) on the specified date, and the 1st day of June, 1932, and, if such business was carried on during the month of May, 1932, during such month.

(2) The Minister may from time to time serve a notice in writing on any body corporate which by way of trade or for purposes of gain carries on any business to which this section applies, requiring such body corporate within twenty-eight days after the service of such notice to send to the Minister a return—

(a) stating whether such business complies with all the following conditions, that is to say:—

(i) that such business was carried on continuously in Saorstát Eireann between the 2nd day of July, 1934, and the date specified in such notice (in this sub-section referred to as the specified date), and

(ii) that such business was owned by a body corporate on the 2nd day of July, 1934, and

(iii) that such business was owned by a body corporate on the specified date; and

(b) stating whether such business complies with both the following conditions, that is to say:—

(i) that such business was carried on continuously between the 1st day of June, 1932, and the specified date, and

(ii) that such business is on the specified date owned by the body corporate by which it was owned on the 1st day of June, 1932,

and if so, stating particulars of the nature and extent of the business (including such matters as capital invested in the business, output and number of employees) on the specified date, and on the 1st day of June, 1932, and also, if such business was carried on during the month of May, 1932, during such month; and

(c) stating whether all the following conditions are complied with in respect of such business, that is to say:—

(i) that such business was carried on continuously in Saorstát Eireann between the 1st day of June, 1932, and the specified date, and

(ii) that such business was owned by a body corporate on the specified date, and

(iii) that the issued shares of such body corporate were on the specified date to an extent exceeding one half (in nominal value) owned by the individual or individuals by whom such business was beneficially owned on the 1st day of June, 1932,

and if so, stating the following particulars, that is to say:—

(I) the name and registered office of the body corporate by whom such business was owned on the specified date, and

(II) the name and address or the names and addresses of the individuals by whom such business was owned on the 1st day of June, 1932, and

(III) particulars of the nature and extent of the business (including such matters as capital invested in the business, output and number of employees) on the specified date, and on the 1st day of June, 1932, and also if such business was carried on during the month of May, 1932, during such month.

(3) The Minister may from time to time serve notice in writing on any body corporate requiring such body corporate within twenty-eight days after the service of such notice to send to the Minister a return either—

(a) in case one class only of shares has been issued by such body corporate on the date specified in such notice (in this sub-section referred to as the specified date), stating the following particulars, that is to say:—

(i) the number of such shares issued on the specified date, and the nominal value of each of such shares, and

(ii) the names and addresses of the shareholders on the specified date, and

(iii) the number of such shares held by each shareholder on the specified date; or

(b) in case more than one class of shares have been issued by such body corporate on the specified date, stating the following particulars in respect of each such class, that is to say:—

(i) the number of shares of that class issued on the specified date, the nominal value of each of those shares, and the voting rights (if any) attached to such shares, and

(ii) the names and addresses of the shareholders of such shares on the specified date, and

(iii) the number of such shares held by each shareholder on the specified date.

(4) The Minister may from time to time serve a notice in writing on any individual, who on the date specified in such notice (in this sub-section referred to as the specified date) is a shareholder in any body corporate which by way of trade or for the purposes of gain carries on any business to which this section applies or in any body corporate which holds shares in any such first mentioned body corporate, requiring him, within twenty-eight days after the service of such notice, to send to the Minister a return—

(a) stating whether he was or was not on the specified date the beneficial owner of such shares, and

(b) in case on the specified date either, he was not the beneficial owner of all such shares but was the owner of some of them, or he was not the beneficial owner of any of such shares, stating the name and address of the person or the names and addresses of the persons on whose behalf he held on the specified date such shares, specifying in the case of each such person the number and particulars of the shares held for him, and

(c) in case he was on the specified date the beneficial owner of all or some of such shares, stating—

(i) whether he claims to have been on the specified date a national of Saorstát Eireann or a qualified person, and

(ii) if he claims to have been on the specified date a national of Saorstát Eireann, the required particulars in relation to himself in respect of the specified date, and

(iii) if he claims to have been on the specified date a qualified person, the required particulars in relation to himself in respect of the specified date.

(5) The Minister may from time to time serve a notice in writing on any individual who is or is deemed to be the beneficial owner of any shares in any body corporate which by way of trade or for purposes of gain carries on any business to which this section applies or in any body corporate which holds shares in any such first-mentioned body corporate requiring him within twenty-eight days after the service of such notice to send a return to the Minister—

(a) stating whether he claims to have been on the date specified in such notice (in this sub-section referred to as the specified date) a national of Saorstát Eireann or a qualified person, and

(b) if he claims to have been on the specified date a national of Saorstát Eireann, stating the required particulars in relation to himself in respect of the specified date, and

(c) if he claims to have been on the specified date a qualified person, stating the required particulars in relation to himself in respect of the specified date.

(6) If any person on whom a notice is served under this section either refuses or neglects to make a return in accordance with such notice or makes a return 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 to, in the case of a first offence under this section, a fine not exceeding ten pounds or, in the case of a second or subsequent offence under this section, a fine not exceeding twenty pounds.

(7) This section applies to every business which includes the doing of any one or more of the following things, the making, altering, repairing, ornamenting, finishing or adapting for sale of any article, material or substance or any part of any article, material or substance.

(8) In this section—

the expression “the required particulars” when used in relation to an individual who, it is claimed, was on a particular date a national of Saorstát Eireann means—

(a) his name and address;

(b) the ground on which it is claimed he was on such date a national of Saorstát Eireann, specifying in case such claim is based on birth, the place and date of birth, and in case such claim is based on residence, the place or places in Saorstát Eireann at which he resided during the five years immediately preceding such date, and the period or periods of residence in each such place;

the expression “the required particulars” when used in relation to an individual who, it is claimed, was a qualified person on a particular date means—

(a) his name and address;

(b) the ground on which it is claimed he was on such date a qualified person, specifying in case such claim is based on birth, the place and date of birth, and in case such claim is based on residence, the place or places in Saorstát Eireann at which he resided during the five years immediately preceding the 2nd day of July, 1934, and the period or periods of residence in each such place.

Investigation of premises by order of the Minister.

15. —(1) If at any time the Minister is of opinion that it is expedient to investigate whether anything is being done in any premises or place in contravention of this Act, the Minister may, by order under his official seal of office directed to an officer of the Minister, authorise such officer to enter such premises or place at all reasonable times and as often as such officer thinks proper during the period specified in such order, and there do all or any of the following things, that is to say, inspect such premises or place, examine any process being carried on in such premises or place, and examine any articles found in such premises or place.

(2) Whenever an order is made under this section the officer to whom such order is directed shall be entitled to do all or any of the things authorised by such order.

(3) Every person who obstructs or impedes any officer in the exercise of any powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to, in the case of a first offence under this section, a fine not exceeding ten pounds or, in the case of a second or any subsequent offence under this section, to a fine not exceeding twenty pounds.

(4) Every officer to whom an order under this section is directed shall, while exercising the powers conferred on him by this section, produce on demand to any person concerned such order.

Non-application of Part II of this Act.

16. —This Part of this Act shall not apply to:—

(a) the process of milling wheat, or

(b) the adapting for sale at a mill of any product of wheat milled at such mill, or

(c) agriculture, or

(d) the altering or repairing by a retailer of any article intended to be sold retail by him, or

(e) the doing, under and in accordance with a licence granted under Part III of this Act, of anything authorised to be done under such licence in relation to any commodity which is for the time being a reserved commodity within the meaning of the said Part III, or

(f) in respect of any period after the commencement of the Cement Act, 1933 (No. 17 of 1933), the process of manufacturing cement which is Roman cement, Portland cement or other hydraulic cement, or the adapting for sale at a factory of any such cement manufactured at such factory or

(g) any act or thing done by Cómhlucht Siúicre Eireann, Teoranta.