First Previous (PART I. Preliminary.) Next (PART III. Special Powers of the Minister in Relation to the Compulsory Acquisition of Land, etc. and the Construction Maintenance and Operation of Transport Works.)

40 1934

INDUSTRIAL ALCOHOL ACT, 1934

PART II.

Manufacture of Industrial Alcohol by the State.

Production by the Minister of industrial alcohol.

3. —(1) The Minister may undertake the manufacture, distillation, and sale of industrial alcohol, and such undertaking is in this Act referred to as the undertaking.

(2) The Control of Manufactures Act, 1932 (No. 21 of 1932) as amended or extended by any subsequent enactment, shall not apply in respect of anything done under this Act by the Minister for the purposes of the undertaking.

General powers of the Minister.

4. —(1) The Minister may, for the purposes of the undertaking, do all or any of the following things, that is to say:—

(a) acquire by agreement any land, easement, profit á prendre, or other right;

(b) construct and maintain at such and so many places as he thinks fit distilleries, rectifying plants, and other necessary works;

(c) purchase, hire, or otherwise provide, and maintain machinery, plant, and equipment for such distilleries, rectifying plants, and other works;

(d) purchase all necessary raw materials;

(e) enter into contracts;

(f) employ such and so many persons as he thinks fit;

(g) dispose of by-products derived in the course of manufacture of industrial alcohol;

(h) all such other things as he may consider necessary for establishing the undertaking and carrying it on as a commercial undertaking.

(2) Without prejudice to the generality of the immediately preceding sub-section the Minister may, for the purposes of the undertaking, enter into an agreement with any person (in this section referred to as the contractor) in relation to all or any of the following matters, that is to say:—

(a) the preparation by the contractor of plans and specifications for the building and installation of the necessary plant, apparatus, and equipment of such number of distilleries and rectifying plants as the Minister may fix on such sites as the Minister may select and at a cost not exceeding such cost as the Minister may determine;

(b) the obtaining by the contractor on behalf of the Minister of tenders for the building and equipment of each of the said distilleries and the said rectifying plant from such persons as the Minister may direct and from such other persons as the contractor thinks proper;

(c) the acceptance, subject to previous consultation with the contractor by the Minister, of such tender or tenders as the Minister thinks fit;

(d) the erection by the Minister of each of the said distilleries and rectifying plants and the installation of the necessary plant, apparatus, and equipment, in accordance with the plans and specifications prepared by the contractor, with such modifications thereof as may from time to time be agreed upon by the Minister and the contractor;

(e) the preparation by the contractor of every contract for the erection and equipment of each of the said distilleries and rectifying plants;

(f) the supervision by the contractor of the carrying out of every such contract;

(g) the appointment by the Minister of such person as the contractor may nominate to be manager of the said distilleries and rectifying plants for such period and at such remuneration as the Minister thinks proper;

(h) the appointment by the Minister of such person or persons as the contractor may nominate to be biological engineer or engineers of the said distilleries for such period and at such remuneration as the Minister thinks proper;

(i) the control, by the contractor through the said manager, of the said distilleries and rectifying plant for such period as the Minister thinks proper, subject to such exceptions as the Minister thinks proper to specify in such agreement;

(j) the giving, during such period as the Minister thinks proper to specify in such agreement, of advice or assistance by the contractor to the Minister in connection with any technical difficulty arising in the carrying on of the undertaking;

(k) the undertaking by the contractor that the said distilleries and rectifying plant shall together be capable of producing industrial alcohol at a cost in respect of raw material, fuel, and labour not exceeding such cost as the Minister may specify in such agreement;

(l) the payment by the contractor to the Minister of liquidated damages in respect of such undertaking, the amount of such damages, and the guaranteeing of the payment of such damages;

(m) the termination of the agreement by the Minister;

(n) the training by the contractor, if so requested by the Minister, outside Ireland of such persons, as may be selected by the Minister, for posts as assistant managers of the said distilleries, and the remuneration to be paid by the Minister for such training;

(o) the consideration to be paid by the Minister to the contractor for the services of the contractor under such agreement (otherwise than in respect of the matters mentioned in paragraph (n)), and the times and method of payment;

(p) the payment by the Minister to the contractor of all reasonable travelling and hotel expenses incurred by the contractor's agents, officers, and servants incurred in coming to and from Saorstát Eireann and residing therein, between such dates as may be specified in such agreement, for purpose of discharging the obligations of the contractor under paragraph (j) of this sub-section;

(q) the determination by arbitration of any dispute or difference arising in relation to such agreement;

(r) such other matters ancillary or incidental to the matters mentioned in the preceding paragraphs of this sub-section as the Minister thinks proper.

(3) The Civil Service Regulation Acts, 1924 and 1926, shall not apply to any person employed or appointed by the Minister under this section.