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25 1946

INDUSTRIAL RESEARCH AND STANDARDS ACT, 1946

PART IX

Administration of the Institute.

Seal of the Institute.

29. —(1) As soon as may be after the passing of this Act the Industrial Research Committee shall provide and retain in their possession a seal for the Institute.

(2) The seal of the Institute shall, when affixed to any document, be authenticated by the signature of the chairman of the Industrial Research Committee or some other member thereof authorised in that behalf by the said Committee.

(3) All courts of justice shall take judicial notice of the seal of the Institute, and every document purporting to be sealed with the seal of the Institute and to be authenticated in accordance with this section shall, unless the contrary is proved, be deemed to have been duly and lawfully so sealed and shall unless as aforesaid be received in evidence without further proof and, in particular, without proof of any signature affixed to such document for the purpose of such authentication and without proof of the office or authority of the person whose signature such signature purports to be.

Offices and premises.

30. —(1) For the purpose of providing offices and premises necessary for the performance of its functions, the Institute may—

(a) purchase or take on lease any land,

(b) build, equip and maintain offices and premises.

(2) There may be paid to the Institute, from time to time, out of moneys provided by the Oireachtas, grants of such amounts as the Minister, with the concurrence of the Minister for Finance, may sanction towards defraying the whole or any part of the capital cost of land, buildings and equipment for the Institute.

(3) As soon as may be after the passing of this Act, and thereafter at the request of the Minister, the Industrial Research Committee shall prepare and submit to the Minister proposals for the provision and equipment of offices and premises for the Institute.

(4) The Institute may sell or lease any land, offices or premises held by it and no longer required for the performance of its functions.

Staff.

31. —(1) The Institute may employ such staff as is necessary for the performance of its functions.

(2) The members of the staff of the Institute shall be appointed and removed by the Director, with the approval of the Industrial Research Committee.

(3) The numbers, grades, remuneration, tenure of office and conditions of service of the members of the staff of the Institute shall be determined from time to time by the Director, with the approval of the Minister, given after consultation with the Minister for Finance, but approval shall not be required in respect of persons proposed to be employed for a period of less than twelve months.

(4) No person shall be appointed to an office or situation in a clerical grade of the service of the Institute unless, in the opinion of the Industrial Research Committee, he possesses a competent knowledge of Irish, and in making an appointment to any other office or situation in the said service preference shall be given to a person who, in the opinion of the said Committee, possesses a competent knowledge of Irish.

Superannuation.

32. —(1) As soon as conveniently may be after the passing of this Act the Institute shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities, and other allowances on retirement to the Director and the permanent staff of the Institute.

(2) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for Finance, be carried out by the Institute in accordance with its terms.

(3) The Institute may at any time, with the approval of the Minister, given with the concurrence of the Minister for Finance, amend a scheme under this section.

(4) A scheme submitted and approved of under this section shall fix the time and conditions of retirement for all persons to whom pensions, gratuities, or allowances on retirement are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision thereon shall be final.

(6) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Scholarships and grants for industrial research.

33. —(1) The Institute may, with the approval of the Minister, provide scholarships and other awards for the training of persons in industrial research.

(2) The Institute may render such assistance, financial or otherwise, as it thinks proper to persons undertaking research of a kind which the Institute is itself authorised to undertake.

State endowment of Institute.

34. —(1) In the financial year current at the passing of this Act and in every subsequent financial year, there shall be paid to the Institute out of moneys provided by the Oireachtas a grant of fifteen thousand pounds towards the expenses of the administration of the Institute.

(2) There may be paid to the Institute, out of moneys provided by the Oireachtas, grants of such amounts as the Minister, with the concurrence of the Minister for Finance, may sanction for defraying the whole or any part of the costs of special investigations undertaken by the Institute, including the cost of any special equipment.

(3) For the purposes of subsection (2) of this section, the Industrial Research Committee shall prepare and submit to the Minister, in each year, a programme and estimate of income and expenditure of the Institute in connection with special investigations.

Power to charge fees.

35. —The Institute shall have power to charge, receive and recover fees for researches, tests, investigations and analyses undertaken by the Institute on behalf of any person, other than the Minister.

Power of Institute to accept donations.

36. —(1) The Institute may accept gifts of money, land or other property, upon such trusts and conditions, if any, as may be specified by the person making the gift.

(2) The Institute shall not accept any gift if the conditions attached by the donor to the acceptance thereof are inconsistent with the functions of the Institute.

(3) Gifts accepted by the Institute under this section shall be received and applied by the Industrial Research Committee.

Finances, accounts and audits.

37. —(1) The Industrial Research Committee shall administer the financial affairs of the Institute and for that purpose all money payable under this Act or otherwise to the Institute shall be paid to the said Committee and all disbursements made by or on behalf of the Institute shall be made by the said Committee.

(2) The Industrial Research Committee shall keep, in such form as shall be approved of by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all money received or expended by them, and in particular shall keep in such form as aforesaid all such special accounts as the Minister of his own motion or at the request of the Minister for Finance shall from time to time direct.

(3) Accounts kept in pursuance of this section shall be submitted annually by the Industrial Research Committee to the Comptroller and Auditor General for audit at such time as the Minister, with the concurrence of the Minister for Finance, shall direct and the said accounts, when so audited, shall, together with the report of the Comptroller and Auditor General thereon, be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

Annual report by the Industrial Research Committee.

38. —(1) The Industrial Research Committee shall, in every financial year, prepare a draft report of the work of the Institute in the preceding financial year and a general programme of future work.

(2) The Industrial Research Committee shall submit the report and programme prepared under subsection (1) of this section to the Director and the Council, and the Council shall consider the draft report and programme and, within two months of the receipt thereof by them, submit any observations they may desire to make thereon to the said Committee.

(3) The Industrial Research Committee shall consider the observations of the Council on the draft report and programme and prepare a final report and programme for presentation to the Minister.

(4) A copy of every report submitted by the Industrial Research Committee to the Minister under this section shall, within two months of its receipt from the said Committee, be submitted to the Government and laid before each House of the Oireachtas.

Scientific and technical information.

39. —(1) This section applies to the Industrial Research Committee and to the Standards Committee and the word “Committee” shall be construed herein accordingly.

(2) A Committee may from time to time with the approval of the Minister publish scientific and technical information in the name of the Institute.

(3) Each Committee shall submit to the Minister such information regarding its activities as the Minister may from time to time require.

Protection of Institute, members and staff against legal proceedings.

40. —No action or proceeding shall lie (except in the case of wilful neglect or default) against the Institute or any of its members, officers or servants by reason of, or arising out of, the carrying out of any research, investigation, test or analysis in accordance with this Act or the publication by the Institute of the results thereof.