S.I. No. 95/1961 - Committees of Agriculture (Salaries of Officers) Regulations, 1961.

S.I. No. 95 of 1961.

COMMITTEES OF AGRICULTURE (SALARIES OF OFFICERS) REGULATIONS, 1961.

I, PATRICK SMITH, Minister for Agriculture, in exercise of the powers conferred on me by subsection (1) of section 27 of the Agriculture Act, 1931 (No. 8 of 1931), and section 6 of the Agriculture (Amendment) Act, 1958 (No. 17 of 1958), hereby make the following regulations :

1 Short title and commencement.

1.—(1) These Regulations may be cited as the Committees of Agriculture (Salaries of Officers) Regulations, 1961.

(2) These Regulations shall be deemed to have come into operation on the 1st day of April, 1961.

2 Scales to be in accordance with Schedule.

2. The scales of salaries for such officers of committees of agriculture holding office in a pensionable capacity as are specified in the Schedule hereto shall be in accordance with the provisions of that Schedule.

3 Revocations.

3. The following are hereby revoked :

(a) The Committees of Agriculture (Salaries of Officers) Regulations, 1952 ( S.I. No. 317 of 1952 ),

(b) the Committees of Agriculture (Salaries of Officers) Regulations, 1952 (Amendment) Regulations, 1953 ( S.I. No. 303 of 1953 ),

(c) the Committees of Agriculture (Salaries of Officers) Regulations, 1952 (Amendment) Regulations, 1956 ( S.I. No. 69 of 1956 ),

(d) the Committees of Agriculture (Salaries of Officers) Regulations, 1952 (Amendment) Regulations, 1958 ( S.I. No. 140 of 1958 ),

(e) the Committees of Agriculture (Salaries of Officers) Regulations, 1952 (Amendment) (No. 2) Regulations, 1958 ( S.I. No. 208 of 1958 ),

(f) the Committees of Agriculture (Salaries of Officers) Regulations, 1952 (Amendment) Regulations, 1959 ( S.I. No. 225 of 1959 ),

(g) the Committees of Agriculture (Salaries of Officers) Regulations, 1952 (Amendment) Regulations, 1960 ( S.I. No. 45 of 1960 ),

(h) the Committees of Agriculture (Salaries of Officers) Regulations, 1952 (Amendment) (No. 2) Regulations, 1960 ( S.I. No. 213 of 1960 ), and

(i) the Committees of Agriculture (Salaries of Officers) Regulations, 1952 (Amendment) Regulations, 1961 ( S.I. No. 12 of 1961 ).

SCHEDULE.

PART I.

PRELIMINARY AND GENERAL.

Interpretion.

1. —(1) In this Schedule—

" the Minister " means the Minister for Agriculture ;

" committee " means a committee of agriculture ;

" existing " in relation to an officer of a committee means a person who was an officer of a committee on the 1st day of April, 1961 ;

" salary " shall be construed as meaning, in relation to any officer of a committee, annual salary exclusive of—

(a) any allowance for cost of subsistence, hotel expenses and travelling, and

(b) any additional temporary remuneration in respect of the performance in a temporary capacity of the duties of an office higher than the officer's ordinary office.

(2) Where a person, who was an officer of a committee (in this subparagraph 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 that person under the abolished committee shall for the purposes of this Schedule be treated as service with that committee of agriculture.

(3) Service of an officer with a committee shall for the purposes of this Schedule include service of the officer with the committee before the 1st day of April, 1961.

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 the 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 the 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 that office (in this paragraph referred to as the said office) held previous to that appointment one or more of the following, that is to say :

(i) an office similar to the said office under a 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 that 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 that 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 subparagraph.

(2) Where the person appointed to the said office held, immediately prior to that appointment, an office (in this subparagraph referred to as the previous office) under a committee, the initial salary to be fixed in accordance with the provisions of this paragraph by the appointing committee shall not be lower than the salary of that person in respect of the previous office immediately prior to his appointment to the said office.

(3) The foregoing subparagraphs shall have effect where the said office is the office of Chief Agricultural Officer or Deputy Chief Agricultural Officer as if—

(a) the portion of subparagraph (1) authorising the fixing of the initial salary of the person appointed at an incremental point higher than the minimum salary under this Schedule for the said office contained a proviso that, without prejudice to subparagraph (2), that salary was not to be fixed at a point more than five increments above the minimum ; and

(b) the portion of subparagraph (1) authorising taking into account and having regard to a period or periods contained a proviso that, without prejudice to subparagraph (2)—

(i) in a case in which there was one period only, it was not to be taken into account or regarded unless it exceeded five years and, if it exceeded five years, only the excess might be taken into account and regarded, and

(ii) in a case in which there were two or more periods, they were not to be taken into account or regarded unless their aggregate exceeded five years and, if their aggregate exceeded five years, only the excess might be taken into account and regarded.

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

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

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

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

(5) This paragraph applies to each of the following offices under a committee :

(a) the office of Chief Agricultural Officer,

(b) the office of Deputy Chief Agricultural Officer,

(c) the office of Instructor in Agriculture,

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

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

(6) Any appointment which immediately before the 1st day of April, 1961, stood specially approved by the Minister for the purposes of paragraph 3 of the Schedule to the Committees of Agriculture (Salaries of Officers) Regulations, 1952, shall be regarded as an appointment specially approved by the Minister for the purposes of this paragraph.

PART II.

SCALES OF SALARIES

General provisions.

4. —(1) The following officers, that is to say, every existing Chief Agricultural Officer, Deputy Chief Agricultural Officer, Instructor in Agriculture, Instructor in Horticulture and Bee-keeping, Instructor in Poultry-keeping and Butter-making and Clerical Assistant to a Chief Agricultural Officer, of or employed by a committee, shall enter on the scale of salary prescribed by this Part of this Schedule in relation to such officer at the incremental point corresponding to the point applying to him on the 1st day of April, 1961.

(2) For the purposes of the foregoing subparagraph—

(a) the scale of salary and point thereon by reference to which salary was in fact paid to an officer in respect of the month of April, 1961, shall be ascertained, and

(b) that point shall be taken to be the point applying to that officer on the 1st day of April, 1961.

(3) An officer of a committee shall not proceed or be allowed to proceed on the scale of salary prescribed by this Part of this Schedule in relation to that officer further than the point reached at the incremental date immediately preceding the date on which that officer attained the age of sixty-five years.

Chief Agricultural Officers.

5.Subject to the provisions of paragraph 4 of this Schedule, the scale of salary for Chief Agricultural Officers shall be £1,300—£52—£1,612—£48—£1,660 per annum.

Deputy Chief Agricultural Officers.

6. Subject to the provisions of paragraph 4 of this Schedule, the scale of salary for Deputy Chief Agricultural Officers shall be £975—£49—£1,465—£25—£1,490 per annum.

Instructors in Agriculture and Instructors in Horticulture and Bee-keeping.

7. Subject to the provisions of paragraph 4 of this Schedule, the scale of salary for Instructors in Agriculture and Instructors in Horticulture and Bee-keeping, being male or existing female Instructors, shall be £650—£40—£1,250—£50—£1,300 per annum and—

(a) in the case of an existing Instructor in Agriculture or in Horticulture and Bee-keeping who, immediately before the 1st day of April, 1961, had the maximum salary then payable to such an Instructor (including any such Instructor who is sixty-five years of age or more on the 1st day of April, 1961, and had reached that maximum salary before attaining the age of sixty-two years but not including any other such Instructor who is sixty-five years or more on the 1st day of April, 1961), there shall be a further increment of £50 which shall be payable—

(i) if such Instructor had then completed not more than one year's service, at that maximum—as from the completion of two years' service beginning on the 1st day of April, 1961,

(ii) if such Instructor had then completed more than one year's and not more than two years' service at that maximum—as from the completion of one year's service beginning on 1st day of April, 1961,

(iii) if such Instructor had then completed three years' or more than three years' service at that maximum—as from the 1st day of April, 1961,

(b) in the case of any other Instructor in Agriculture or in Horticulture and Bee-keeping (other than any such Instructor who is sixty-five years of age or more on the 1st day of April, 1961, and had not reached the maximum salary then payable to such an Instructorbefore attaining the age of sixty-two years), there shall be a further increment of £50 which shall be payable as from the completion of four years' service (or, where the Instructor had, on the 1st day of April, 1960, reached the sixteenth incremental point on the scale of salary then applicable to him and his salary is £1,300 per annum as from the 1st day of April, 1961, three years' service) at £1,300 per annum.

Instructors in Poultry-keeping and Butter-making.

8. Subject to the provisions of paragraph 4 of this Schedule, the scale of salary for Instructors in Poultry-keeping and Butter-making shall be £500—£30—£830 per annum and—

(a) in the case of an existing Instructor in Poultry-keeping and Butter-making who, immediately before the 1st day of April, 1961, had the maximum salary then payable to such an Instructor (including any such Instructor who is sixty-five years of age or more on the 1st day of April, 1961, and had reached that maximum salary before attaining the age of sixty-one years but not including any other such Instructor who is sixty-five years of age or more on the 1st day of April, 1961), there shall be a further increment of £30 which shall be payable—

(i) if such Instructor had then completed not more than one year's service at that maximum—as from the completion of three years' service beginning on the 1st day of April, 1961,

(ii) if such Instructor had then completed more than one year's and not more than two years' service at that maximum—as from the completion of two years' service beginning on the 1st day of April, 1961,

(iii) if such Instructor had then completed more than two years' and not more than three years' service at that maximum—as from the completion of one year's service beginning on the 1st day of April, 1961,

(iv) if such Instructor had then completed four years' or more than four years' service at that maximum—as from the 1st day of April, 1961,

(b) in the case of any other Instructor in Poultry-keeping and Butter-making (other than any such Instructor who is sixty-five years of age or more on the 1st day of April, 1961, and had not reached the maximum salary then payable to such an Instructor before attaining the age of sixty-one years), there shall be a further increment of £30 which shall be payable as from the completion of four years' service at £830 per annum.

Clerical Assistants to Chief Agricultural Officers.

9.Subject to the provisions of paragraph 4 of this Schedule, the scales of salary for Clerical Assistants to Chief Agricultural Officers shall be as follows :

(a) in the case of existing officers appointed before the 23rd day of January, 1961 :

male officers : £418—£22—£748—£12—£760,

female officers : £392—£19—£658—£2—£660 ;

(b) in all other cases :

male officers : £350—£26—£740—£20—£760,

female officers : £320—£22—£650—£10—£660.

GIVEN under my Official Seal, this 8th day of May, 1961.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE

These Regulations prescribe consolidated scales of salary for Officers of Committees of Agriculture holding office in a pensionable capacity.