TURF DEVELOPMENT ACT, 1953

AN ACT TO AMEND AND EXTEND THE TURF DEVELOPMENT ACTS, 1946 AND 1950. [7th July, 1953.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

“the Act of 1950” means the Turf Development Act, 1950 (No. 23 of 1950);

“the Minister” means the Minister for Industry and Commerce;

“the Principal Act” means the Turf Development Act, 1946 (No. 10 of 1946);

“superannuation benefits”, when used in relation to a superannuation scheme, includes pensions, allowances and gratuities.

2 Advances to the Board out of the Central Fund.

2.—(1) Section 53 of the Principal Act is hereby amended by the substitution for subsection (1) (inserted therein by section 3 of the Act of 1950) of the following subsection:

• “(1) For the purpose of enabling the Board to exercise or perform its functions, the Minister for Finance may, under this section and on the recommendation of the Minister, advance from time to time to the Board, out of the Central Fund or the growing produce thereof, such sums (not exceeding in the aggregate fourteen million pounds) as the Board may from time to time request.”

• (2) Section 3 of the Act of 1950 is hereby repealed.

3 Grants to the Board towards expenses of housing schemes for employees.

3.—Section 6 of the Act of 1950 is hereby amended by the substitution for subsection (2) of the following subsection:

• “(2) The grants to be made under subsection (1) of this section shall be subject to the following limitations :

  • (a) the total amount thereof shall not exceed four hundred and twenty thousand pounds,

  • (b) a grant in relation to any particular house shall not exceed five hundred and seventy pounds.”

4 Contract of service between Minister and managing director of the Board.

4.—(1) Notwithstanding anything to the contrary in section 9 of the Principal Act the remuneration, period of office (not exceeding five years) and terms of appointment of the managing director of the Board may be fixed by contract entered into with him by the Minister, with the concurrence of the Minister for Finance and the approval of the Government.

• (2) While a contract under subsection (1) of this section is in force—

• (a) section 10 of the Principal Act shall not apply to the office of managing director,

• (b) the Government may remove the managing director from office for stated misconduct or incapacity and shall lay before each House of the Oireachtas a statement in writing of the fact of such removal from office and of the reasons therefor.

5 Members' superannuation scheme.

5.—(1) The Minister, with the concurrence of the Minister for Finance, may make a scheme for the payment, subject to such conditions and limitations as may be prescribed in the scheme, of superannuation benefits on retirement to whole-time members of the Board and may, with the like concurrence, amend any such scheme.

• (2) A scheme under this section may provide for the machinery for settling any dispute that may arise as to the claim of any person to, or the amount of, any benefit payable in pursuance of such scheme.

• (3) A scheme under this section shall be carried out by the Board in accordance with its terms.

• (4) Every scheme made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made 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.

6 Employees' superannuation schemes.

6.—(1) As soon as conveniently may be after the passing of this Act, the Board shall prepare and submit to the Minister schemes for the payment, subject to such conditions and limitations as may be prescribed in the schemes, of superannuation benefits on retirement to persons in the permanent employment of the Board and may prepare different schemes for different classes of such persons.

• (2) A scheme under this section shall include provision for—

• (a) the setting up of a superannuation fund out of which superannuation benefits are to be paid,

• (b) the payment of contributions to the fund by persons to whom the scheme applies, and the making by the Board to the fund of payments equal to the aggregate of such contributions,

• (c) the payment by the Board of the expenses of administering the scheme and managing the fund,

• (d) the vesting of such fund in trustees and the appointment of such trustees from time to time as occasion requires,

• (e) the administration, investment and auditing of the accounts of such fund, and

• (f) the machinery for settling any dispute that may arise as to the eligibility of any employee for admission to membership of such scheme, the claim of any person to, or the amount of, any benefit payable under such scheme.

• (3) A scheme submitted and approved of under this section shall fix the time and conditions of retirement for all persons to whom superannuation benefits on retirement are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

• (4) When the Board has prepared a scheme under this section the Board shall, before submitting such scheme to the Minister—

• (a) publish in such manner as the Board thinks proper a notice intimating that such scheme has been prepared, and

• (b) make a copy of such scheme available during a period of twenty-one days for inspection by persons to whom it is to apply, and

• (c) receive and consider all representations made to the Board during the said period by or on behalf of any of the said persons, and

• (d) make such alterations in such scheme as the Board shall consider to be necessary or desirable having regard to the representations so made to them.

• (5) 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 Board in accordance with its terms.

• (6) The Board may at any time, with the approval of the Minister, amend a scheme under this section, and the requirements of subsection (4) and subsection (5) of this section shall apply in relation to any such amending scheme.

• (7) 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.

• (8) A superannuation fund set up under this section shall be deemed to be set up under an irrevocable trust.

7 Loans to the Board out of superannuation fund.

7.—The trustees of a superannuation fund set up under section 6 of this Act may from time to time lend to the Board, and the Board may borrow solely for the purposes of its functions, from such trustees, out of such fund such moneys as the trustees and the Board shall think proper and any loans so made shall be subject to such conditions as to payment of interest, repayment and otherwise as may, with the consent of the Minister for Finance, be agreed upon between the trustees and the Board before any such moneys are so lent.

8 Short title, construction and collective citation.

8.—(1) This Act may be cited as the Turf Development Act, 1953.

• (2) The Turf Development Acts, 1946 and 1950, and this Act shall be construed together as one Act and may be cited together as the Turf Development Acts, 1946 to 1953.