LegalizePIER AND HARBOUR PROVISIONAL ORDER CONFIRMATION ACT, 1933
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
AN ACT TO CONFIRM THE DUNDALK HARBOUR ORDER, 1933. [13th October, 1933.]
WHEREAS the Dundalk Harbour Order, 1933, set out in the Schedule to this Act has been duly made by the Minister for Industry and Commerce under the General Pier and Harbour Act, 1861, and the General Pier and Harbour Act, 1861, Amendment Act, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922):
AND WHEREAS under the provisions of the said Acts the said Order is of no validity or force whatever unless and until confirmed by the Oireachtas:
BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
1 Confirmation of Order in Schedule.
1.—The Order set out in the Schedule to this Act is hereby confirmed and all the provisions thereof shall have full validity and force.
2 Short title.
2.—This Act may be cited as the Pier and Harbour Provisional Order Confirmation Act, 1933.
SCHEDULE. DUNDALK HARBOUR ORDER, 1933.
PROVISIONAL ORDER TO AUTHORISE THE PAYMENT OF PENSIONS AND ALLOWANCES TO OFFICERS AND SERVANTS OF THE DUNDALK HARBOUR COMMISSIONERS AND FOR OTHER PURPOSES.
Short title.
This Order may be cited as the Dundalk Harbour Order, 1933, and shall be read and construed as one with the Dundalk Harbour and Port Act, 1925.
Commencement of Order.
This Order shall come into operation upon the day on which the Act confirming this Order is passed.
Interpretation.
In this Order the expression “Commissioners” means the Dundalk Harbour Commissioners.
Pensions and allowances.
4.—(1) The Commissioners may, at their discretion, grant to any whole-time officer or servant in their employment who either—
- (a) has attained the age of 65 years and has at least 25 years continuous service, or,
- (b) becomes incapable of discharging his duties with efficiency by reason of permanent infirmity of mind or body not caused by his own misconduct, or of old age, and who has not less than 10 years continuous service,
upon his resigning or otherwise ceasing to be employed an annual allowance for his life not exceeding in any case two-thirds of his annual remuneration and emoluments and subject to that overriding limitation not exceeding an annual sum calculated at the rate of one-sixtieth of his annual remuneration and emoluments for every completed year of service with the Commissioners.
- (2) The Commissioners may, at their discretion, grant to any whole-time officer or servant in their employment who has at least ten years continuous service and who retires or is removed from his employment in consequence of the abolition of his office or situation, or for the purpose of facilitating improvements in the organisation or working of the undertaking of the Commissioners by which greater efficiency and economy can be effected, such special annual allowance for his life by way of compensation, as, on full consideration of the circumstances, shall appear to the Commissioners to be a reasonable and just compensation for the loss of his office or situation, but not exceeding in any case two-thirds of his annual remuneration and emoluments and subject to that overriding limitation, not exceeding an annual sum calculated at the rate of one-sixtieth of his annual remuneration and emoluments for every completed year of service with the Commissioners.
- (3) The Commissioners may, at their discretion, grant to any whole-time officer or servant who has had less than ten years continuous service with the Commissioners and who either—
- (a) becomes incapable of discharging his duties with efficiency by reason of permanent infirmity of mind or body not caused by his own misconduct, or of old age, or,
- (b) retires or is removed from his employment in consequence of the abolition of his office or situation, or for the purpose of facilitating improvements in the organisation or working of the undertaking of the Commissioners by which greater efficiency and economy can be effected,
upon his retiring or ceasing to be employed, a gratuity not greater than one-twelfth of his annual remuneration and emoluments for every completed year of service with the Commissioners.
- (4) The payment of any allowances and gratuities authorised to be paid by this section shall be a purpose to which the tolls and other income received by the Commissioners may be applied.
- (5) In this section the expression “annual remuneration and emoluments” means in relation to an officer or servant who has been employed for not less than three years the average amount of remuneration and emoluments during the three years ending on the day on which he resigns or otherwise ceases to be employed, and in relation to an officer or servant who has been employed for less than three years the average amount of his remuneration and emoluments during each completed year of service.
Incorporation of Harbours Clauses Act, 1847.
The Harbours Docks and Piers Clauses Act, 1847, shall be incorporated with this Order only to the extent to which it is incorporated with the Dundalk Harbour and Port Act, 1925.
Costs of Order.
All costs, charges and expenses of and incident to the preparation and obtaining of this Order and otherwise necessarily incurred in reference thereto (as taxed by the proper officer) may be paid by the Commissioners out of any of their funds.
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