S.I. No. 51/1936 - Committees of Agriculture (Salaries of Officers) Regulations, 1936.

STATUTORY RULES AND ORDERS. 1936. No. 51.

COMMITTEES OF AGRICULTURE (SALARIES OF OFFICERS) REGULATIONS, 1936.

WHEREAS it is enacted by sub-section (1) of section 27 of the Agriculture Act, 1931 (No. 8 of 1931), that the Minister for Agriculture may by regulations made under the said section prescribe the scales of salaries for the various classes of officers employed by committees of agriculture:

NOW, I, SÉAMAS O RIAIN, Minister for Agriculture, in exercise of the powers conferred on me by sub-section (1) of section 27 of the Agriculture Act, 1931 (No. 8 of 1931), and of every and any other power me in this behalf enabling, do hereby make the following regulations, that is to say—

1.—(1) These Regulations may be cited as the Committees of Agriculture (Salaries of Officers) Regulations, 1936.

(2) These Regulations shall come into force on the 1st day of April, 1936.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations as it applies to the interpretation of an Act of the Oireachtas.

3. The Committees of Agriculture (Salaries of Officers) Regulations, 1933 (Statutory Rules and Orders, No. 41 of 1933), are hereby revoked as on and from the 1st day of April, 1936.

4.—(1) Subject to the provisions of this paragraph the scales of salaries for the various classes of officers of committees of agriculture shall be in accordance with the provisions of the Schedule hereto.

(2) Whenever any matter of doubt or difficulty or any anomaly arises in connection with or in relation to the salary of an officer of a committee of agriculture the Minister for Agriculture may, if he is of opinion that such matter is not properly or adequately dealt with or provided for in the Schedule hereto, deal with the matter in such manner as he may think fit.

5. Every question, doubt, or dispute which shall arise as to the application of these Regulations shall be determined by the Minister for Agriculture, and every such determination shall be final and conclusive.

SCHEDULE.

SCALES OF SALARIES OF OFFICERS EMPLOYED BY COMMITTEES OF AGRICULTURE.

PART I.

Preliminary and General.

Interpretation.

1.—(1) In this Schedule—

the expression " the Minister " means the Minister for Agriculture;

the word " committee " means a committee of agriculture;

the expression " the appointed day " means the 1st day of April, 1936;

the word " existing " in relation to an officer of a committee means a person who was an officer of such committee immediately before the appointed day;

the word " future " in relation to an officer of a committee means a person who is appointed to be an officer of such committee on or after the appointed day;

the word " bonus " means cost-of living bonus;

the word "salary " shall be construed as meaning, in relation to any officer of a committee whose scale of salary is at an annual rate, annual salary and, in relation to any officer of a committee whose scale of salary is at a weekly rate, weekly salary, exclusive in either case of bonus and of any allowance for cost of subsistence, hotel expenses and travelling.

(2) Where a person, who was an officer of a committee (in this sub-paragraph referred to as the abolished committee) appointed under the Agriculture and Technical Instruction (Ireland) Act, 1899, by the council of a county or of such council in relation to or for the purposes of functions, powers and duties performed by such council through such committee, was transferred to a committee of agriculture by section 43 of the Agriculture Act, 1931 (No. 8 of 1931), the service of such person under the abolished committee shall for the purposes of this Schedule be treated as service with such committee of agriculture.

(3) Service of an officer with a committee shall for the purposes of this Schedule include service of such officer with such committee before the appointed day.

General provisions in relation to increments.

2. The following provisions shall have effect in relation to increments of salaries of officers of committees under this Schedule—

(a) no increment shall be granted by a committee to any officer without the written approval of the Minister;

(b) any increment or increments authorised by this Schedule to be granted to an officer of a committee may be withheld if the service of such officer is not in the opinion of the committee or the Minister satisfactory;

(c) any increment or increments granted to an officer of a committee may be withdrawn if the service of such officer is not in the opinion of the committee or the Minister satisfactory.

Increase of initial salary in certain cases.

3.—(1) Where—

(a) an appointment to any office to which this paragraph applies is made by a committee (in this paragraph referred to as the appointing committee), and

(b) the person appointed to such office (in this paragraph referred to as the said office) held (within one year previous to such appointment) one or more of the following, that is to say—

(i) an office similar to the said office under another committee, or

(ii) an office under the Minister, or

(iii) an appointment specially approved by the Minister for the purposes of this paragraph,

the appointing committee may, subject to the provisions of this paragraph, fix the initial salary of such person at an incremental point higher than the minimum salary under this Schedule for the said office and for this purpose the appointing committee may take into account and have regard to the period or periods during which such person held one or more of the following, that is to say, the offices mentioned at (i) and (ii) or the appointment mentioned at (iii) of this sub-paragraph.

(2) A committee shall not exercise the power conferred by this paragraph unless—

(a) such committee has obtained the prior sanction of the Minister to the exercise of such power, and

(b) notice of intention to exercise the said power has been given in such manner as the Minister may direct to all prospective candidates for the office in respect of which the said power is proposed to be exercised, and

(c) the sanction of the Minister to the actual initial salary proposed has been obtained.

(3) This paragraph applies to each of the following offices under a committee, namely—

(a) the office of Chief Agricultural Officer,

(b) the office of Instructor in Agriculture,

(c) the office of Instructor in Horticulture,

(d) the office of Instructor in Horticulture and Bee-keeping,

(e) the office of Instructor in Poultry-keeping,

(f) the office of Instructor in Butter-making,

(g) the office of Instructor in Poultry-keeping and Butter-making.

Payment of bonus to officers of committees.

4.—(1) In addition to the actual salary paid to any officer of a committee in accordance with this Schedule, there shall be paid to such officer by such committee bonus at the appropriate rate.

(2) In the case of any existing Secretary of a committee who receives emoluments (other than any emoluments in respect of which no bonus is payable) from other public sources, the following provisions shall have effect, that is to say—

(a) such emoluments and the salary payable to such existing Secretary by such committee shall be added together and treated as one salary (in this sub-paragraph referred to as his total emoluments),

(b) bonus shall, at the appropriate rate, be calculated on his total emoluments,

(c) the bonus payable to such existing Secretary by such committee shall be a sum which bears to the bonus as calculated under (b) the same proportion as the salary payable to him by such committee bears to his total emoluments.

(3) In this paragraph the expression " the appropriate rate " means the rate of bonus which is for the time being approved by the Minister for Finance in relation to salaries in the Civil Service.

PART II.

Scales of Salaries.

Provisions in relation to certain existing officers.

5.—(1) The following officers, that is to say, every existing Secretary, Chief Agricultural Officer, Instructor in Agriculture, Instructor in Horticulture, Instructor in Horticulture and Bee-keeping, Instructor in Poultry-keeping, Instructor in Poultry-keeping and Butter-making and Instructor in Butter-making of or employed by a committee may, in the case of a Secretary of a committee, enter on the grade of salary, and, in the case of any other such officer employed by a committee, enter on the scale of salary prescribed by this Part of this Schedule in relation to such officer, at such point and as from such date as the Minister may direct, and shall so enter such grade or scale (as the case may be) if the Minister so directs, and, pending any such direction, the grade or scale (as the case may be) which applied to such officer immediately before the appointed day shall continue to be the grade or scale of salary in force in relation and applicable to such officer.

(2) Where an officer of a committee is transferred to a higher grade or scale of salary, such officer shall not proceed or be allowed to proceed further on such higher grade or scale than the point reached at the incremental date immediately preceding the date on which such officer attained the age of sixty-five years.

(3) If and so long as an existing officer to whom either sub-paragraph (f) of paragraph 6, or sub-paragraph (e) of paragraph 7 or sub-paragraphs (c) or (d) of paragraph 8 of the Schedule to the Committees of Agriculture (Salaries of Officers) Regulations, 1933 (Statutory Rules and Orders, No. 41 of 1933), applies remains, after the appointed day, on the scale of salary which applied to him immediately before the appointed day, such officer shall be eligible for the award of extra increments for merit on the same conditions (if any) as were provided for in the case of such officer under the said sub-paragraph (f) of paragraph 6, or sub-paragraph (e) of paragraph 7, or sub-paragraphs (c) or (d) of paragraph 8 of the Schedule to the said Regulations.

Secretaries of committees.

6. The following provisions shall, subject to the provisions of the next preceding paragraph, have effect in relation to Secretaries of committees, that is to say—

(a) the scale of salary for Secretaries of committees shall be as follows—

GRADE I—where the average amount of the normal annual expenditure of a committee does not exceed £5,000, the grade of salary shall be £150—£15—£300, and

GRADE II—where the average amount of the normal annual expenditure of a committee exceeds £5,000 but does not exceed £8,000, the grade shall be £150—£15—£350, and

GRADE III—where the average amount of the normal annual expenditure of a committee exceeds £8,000 but does not exceed £12,000, the grade shall be £150—£15—£400, and

GRADE IV—where the average amount of the normal annual expenditure of a committee exceeds £12,000, the grade shall be £150—£15—£450;

(b) for the purposes of the foregoing sub-paragraph the average amount of the normal annual expenditure of a committee shall be such amount as shall be determined by the Minister at such time and in such manner as the Minister may think fit;

(c) where the Secretary of a committee is, previous to the appointed day, on the grade of salary £150—£20—£350, such Secretary shall be allowed to proceed by increments of £20 until his salary reaches £350, whereupon if such secretary is on either Grade III or Grade IV his increments shall be at the rate of £15 per annum;

(d) where the Secretary of a committee holds, on the appointed day, a position of emolument under any other local body or authority, the grade of salary which applied to such Secretary immediately before the appointed day shall, unless the Minister otherwise directs, continue to be the grade in force in relation and applicable to such Secretary.

Chief Agricultura Officers.

7. The following provisions shall, subject to the provisions of paragraph 5 of this Schedule, have effect in relation to Chief Agricultural Officers, that is to say—

(a) the scale of salary for Chief Agricultural Officers shall be £230—£10—£360—£15—£450;

(b) every Chief Agricultural Officer who was substantively appointed as such officer before the appointed day shall, on entering the scale fixed by the next preceding sub-paragraph of this paragraph, be allowed to proceed by increments which are not less than those by which such Officer was entitled to proceed while on his previous scale of salary;

(c) where an Instructor in Agriculture under a committee is, after the appointed day, appointed to be a Chief Agricultural Officer under a committee, he may be allowed to enter the scale specified in sub-paragraph (a) of this paragraph at a point £100 higher than the point which he had reached as an Instructor in Agriculture in the scale of salary applicable to Instructors in Agriculture and to proceed on the scale specified in the said sub-paragraph (a) by increments which are not less than those by which such Instructor was entitled to proceed under the scale applicable to such Instructor if he had remained an Instructor in Agriculture.

Instructors in Agriculture.

8. The following provisions shall, subject to the provisions of paragraph 5 of this Schedule, have effect in relation to Instructors in Agriculture, that is to say—

(a) the scale of salary for Instructors in Agriculture shall be £130—£10—£260—£15—£350;

(b) every Instructor in Agriculture who was substantively appointed as such Instructor before the appointed day shall, on entering the scale fixed by the next preceding sub-paragraph of this paragraph, be allowed to proceed by increments which are not less than those by which such Instructor was entitled to proceed while on his previous scale of salary.

Instructors in Horticulture and Bee-keeping.

9. Subject to the provisions of paragraph 5 of this Schedule, the scale of salary for Instructors in Horticulture and for Instructors in Horticulture and Bee-keeping shall be £110—£10—£260.

Instructors in Poultry-keeping and Butter making.

10. Subject to the provisions of paragraph 5 of this Schedule the scale of salary for Instructors in Poultry-keeping and for Instructors in Butter-making and for Instructors in Poultry-keeping and Butter-making shall be £100—£10—£200.

Clerical Assistants to Chief Agricultural Officers.

11. The scale of salary for Clerical Assistants to Chief Agricultural Officers (whether existing or future) shall be as follows, that is to say, thirty shillings per week rising annually by an increment of two shillings per week to a maximum of sixty shillings per week.

Other Officers

12. The scales of salary for officers of committees other than officers hereinbefore provided for shall continue to be the scales (if any) in force in relation to those officers immediately before the appointed day.

Given under my Seal of Office, this 30th day of January, 1936.

SÉAMAS O RIAIN,

Minister for Agriculture.