Local Government Act, 1933
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Validation of certain resolutions. |
3.—Whenever a local authority before the 9th day of March, 1932, passed a resolution increasing the salary or emoluments of an officer of that local authority and such resolution became, before the said 9th day of March, 1932, void under section 71 of the Principal Act by reason of the failure of such officer to make and subscribe in accordance with that section the declaration required thereby, the following provisions shall have effect, that is to say:— | |
(a) such resolution shall have and be deemed always to have had the same validity and effect (if any) as it would have had if the said section 71 of the Principal Act had not been enacted; | ||
(b) if the increase of salary or emoluments mentioned in such resolution was by law subject to sanction or confirmation by the Minister, the Minister may, if he thinks proper so to do and notwithstanding any former refusal of such sanction or confirmation or any former grant thereof which did not become effective, give such sanction or confirmation at any time after the passing of this Act, and thereupon such sanction or confirmation shall take and be deemed to have taken effect as on and from such date (not being earlier than the date on which such resolution was passed) as the Minister shall specify in that behalf; | ||
(c) there shall be payable by virtue of this section to such officer or his personal representative the total amount of such additional salary and emoluments (reckoned as from the date on which the increase of salary or emoluments mentioned in such resolution is deemed by virtue of this section to have become effective) as he would have been entitled to receive by virtue of such resolution if such increase had actually become effective on the said date; | ||
(d) neither the fact that such officer was transferred by statute or otherwise to the service of a local authority other than the local authority by which such resolution was passed nor the fact that the local authority by which such resolution was passed has ceased to exist shall operate to disentitle such officer or his personal representative to the payment mentioned in the next preceding paragraph of this sub-section; | ||
(e) if such officer ceased to be an officer of a local authority and was granted a pension or paid a gratuity on such cesser, such officer or his personal representative shall be entitled to have the amount of such pension or gratuity reconsidered by the Minister for Local Government and Public Health and, if the said Minister so thinks proper, increased by such amount as the said Minister shall direct; | ||
(f) every doubt, question or dispute which shall arise in the carrying of this section into effect, and, in particular, every doubt, question, or dispute as to the local authority or local authorities by which any moneys payable to such officer or his personal representative by virtue of this section are to be paid shall be determined by the Minister for Local Government and Public Health whose determination thereof shall be final, but where the local authority in relation to which any such doubt, question, or dispute arises is a vocational education committee or a committee of agriculture the Minister for Local Government and Public Health shall consult with the Minister for Education or the Minister for Agriculture (as the case may require) before determining such doubt, question, or dispute. |