Railways Act, 1933

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Number 9 of 1933.

RAILWAYS ACT, 1933.

ARRANGEMENT OF SECTIONS

FIRST SCHEDULE.

SECOND SCHEDULE.

Number 9 of 1933.

RAILWAYS ACT, 1933.

AN ACT TO AMEND THE LAW RELATING TO RAILWAYS AND RAILWAY COMPANIES. [15th June, 1933.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1.—In this Act—

the expression “the Principal Act” means the Railways Act, 1924 (No. 29 of 1924);

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

the expression “the Company” means the Great Southern Railways Company;

the expression “capital stock” includes debenture stock.

Remission of certain debts due by the Company to the State.

2.—The payment of the following capital sums due by the Company to the State on foot of the loans hereinafter mentioned and the payment of any interest due or accruing due at the passing of this Act on the said capital sums respectively are hereby remitted and the Company is hereby released from all liability to make the said payments or any of them, that is to say:—

(a) the sum of £41,500 (forty-one thousand, five hundred pounds) being the balance remaining due on foot of sums amounting in the aggregate to £56,185 (fifty-six thousand, one hundred and eighty-five pounds) advanced at divers times by the Commissioners of Public Works in Ireland to the late Southern Railway Company;

(b) the sum of £65,000 (sixty-five thousand pounds) advanced in or about the year 1902 by the Commissioners of Public Works in Ireland to the late Cork, Blackrock, and Passage Railway Company;

(c) the sum of £179,400 (one hundred and seventy-nine thousand, four hundred pounds) advanced in or about the year 1918 by the Government of the late United Kingdom of Great Britain and Ireland to the late Dublin and South Eastern Railway Company.

Re-construction of the capital of the Company.

3.—(1) In this section—

the expression “the major capital stock” means the respective amounts stated in the second column of the First Schedule to this Act of the several denominations stated in the first column of the said First Schedule of the capital stock of the Company;

the expression “the reduced capital stock” means the major capital stock of the Company as reduced by the operation of this section;

the expression “the appointed day” means in respect of each denomination of the major capital stock of the Company the day which is appointed by the Minister under this section to be the appointed day for the purposes of this section in respect of such denomination of the said major capital stock; and

references to the portion of any denomination of the major capital stock held by a person shall be construed as referring to the total amount of such denomination held by such person whether he has one certificate or more than one certificate in respect of such holding.

(2) The Minister shall by order made as soon as conveniently may be after the passing of this Act appoint, in respect of each denomination of the major capital stock of the Company, a day to be the appointed day for the purposes of this section in respect of such denomination of such major capital stock, and different days may be so appointed in respect of different denominations of such major capital stock.

(3) On and from the appointed day the several denominations of the major capital stock shall (subject to the operation of the provisions of this section relating to fractions of a pound of stock) become and be reduced to the several amounts respectively stated in the third column of the First Schedule to this Act opposite the mention in the first column of the said First Schedule of each such denomination of the major capital stock.

(4) Every person who is on the appointed day the holder of any portion of any denomination of the major capital stock shall, for every hundred pounds of such denomination of such stock so held by him, become and be the holder on the appointed day of that amount of the same denomination of the reduced capital stock which is stated in the fourth column of the First Schedule to this Act opposite the mention of such denomination in the first column of the said First Schedule, and so in proportion for amounts of stock greater or less than one hundred pounds, but subject in every case to the provisions of this section relating to fractions of a pound of stock.

(5) No person shall by the operation of this section become the holder of a fractional part of a pound of the reduced capital stock, and where, but for this sub-section, a person would so become the holder of a fractional part of a pound of the reduced capital stock on the appointed day, such fractional part shall be created as one pound and the amount of the reduced capital stock of which such person becomes the holder by virtue of this section shall be increased accordingly.

(6) Notwithstanding anything contained in this section, the respective amounts of the several denominations of the reduced capital stock stated in the third column of the First Schedule to this Act shall be deemed to be increased by such amounts as may be rendered necessary by the operation of the next foregoing sub-section of this section, and this section shall be construed and have effect accordingly.

(7) On the appointed day all certificates in respect of the major capital stock shall become and be void, and every holder of any portion of any denomination of the major capital stock shall be entitled, at any time after the appointed day, to surrender to the Company the certificate or certificates (rendered void by this sub-section) for such portion of such denomination and to receive from the Company free of charge a certificate for that amount of the same denomination of the reduced capital stock of which such person becomes the holder on the appointed day by virtue of this section.

(8) Sections 10, 11, and 12 of the Great Southern Railways Amalgamation Scheme, 1925, shall apply in relation to the reduced capital stock and the several denominations thereof respectively in like manner in all respects as they apply in relation to the major capital stock and the several denominations thereof respectively, and accordingly the words “every hundred pounds of such stock” contained in the said section 12 shall be construed as meaning every hundred pounds of the reduced capital stock, other than debenture stock.

(9) Where under any agreement made before the passing of this Act the Company is under a legal obligation to pay or make to any other company (whether registered within or outside Saorstát Eireann) a share of or payment out of the receipts or the net receipts derived from any particular part of the railway or the undertaking of the Company, the reduction of the capital stock of the Company effected by this section shall not operate to increase the amount of such share or payment beyond the amount which would be payable under such agreement if this section had not been enacted.

(10) Neither the reduction effected by this section in the nominal capital value of any debenture stock of the Company nor the reduction similarly effected in the amount of interest on any such debenture stock shall entitle any holder of any such debenture stock to appoint a receiver or take any other steps for enforcing the payment of the capital moneys secured by such debenture stock or for enforcing payment of interest for any period subsequent to the appointed day on a greater capital sum than the capital amount to which such debenture stock is reduced by this section.

Investment of trust or court moneys in stock of the Company.

4.—(1) Whether the Company does or does not pay a dividend at the rate of three per cent. per annum or any dividend on its ordinary stock, such of the capital stocks of the Company as were, on the 1st day of December, 1932, securities in which trustees are authorised by the Trustee Act, 1893 , to invest trust moneys shall continue, until the 31st day of December, 1935, to be securities in which trustees are so authorised to invest trust moneys, and such of the capital stocks of the Company as were on the 1st day of December, 1932, securities in which funds in any court might, under the rules of such court, be invested shall continue, until the 31st day of December, 1935, to be securities in which funds in such court may be invested.

(2) For the purposes of the application, on or after the 1st day of January, 1936, of the provisions of the Trustee Act, 1893 , relating to the securities in which trustees are authorised to invest trust moneys or the provisions of any rules of court relating to the securities in which funds in court may be invested, the Company shall be deemed to have paid a dividend at the rate of one per cent. per annum on its ordinary stock in respect of every financial year of the Company which ended after the 30th day of November, 1932, and before the 1st day of January, 1936, and for which the Company in fact paid on its ordinary stock either no dividend or a dividend at a rate less than one per cent. per annum.

(3) In this section the expression “financial year of the Company” means a period for which annual accounts of the Company are made up and audited.

Modification of standard revenue.

5.—(1) As soon as conveniently may be after the passing of this Act, the Railway Tribunal shall re-consider the standard revenue (within the meaning of section 53 of the Principal Act) of the Company and, after hearing the Minister (if desirous of being heard) and all other parties desirous of being heard and appearing to the Railway Tribunal to be interested, the Railway Tribunal shall adjust and vary the said standard revenue by making therefrom such deduction as appears to the Railway Tribunal to be just and equitable having regard to the reduction in the amount of interest payable and dividends reasonably to be expected in consequence of the re-construction of the capital of the Company effected by this Act, and the Railway Tribunal shall fix the amount of the said standard revenue accordingly and thereupon the standard revenue so fixed shall be the standard revenue of the Company for the purposes of section 53 of the Principal Act.

(2) On the passing of this Act section 54 of the Principal Act shall cease to have effect, and on such day as the Minister shall by order appoint to be the appointed day for the purpose of this sub-section the said section 54 shall come into operation again but with and subject to the following modifications, that is to say:—

(a) the expression “the standard revenue of the Company” shall mean the standard revenue as fixed by the Railway Tribunal under this section, and

(b) the expression “the appointed day” shall mean the day which is appointed by the Minister under this sub-section to be the appointed day for the purpose of this sub-section.

Election of directors by postal voting.

6.—(1) Within three months after the passing of this Act the Company shall prepare and submit to the Minister a scheme (in this Act referred to as the postal voting scheme) whereby every election of a director of the Company which would, but for this section, he required by law to be made by the votes of members of the Company given at an annual general meeting of the Company shall be made by the votes of members of the Company given by means of ballot papers sent or delivered by such members by post or otherwise to the Company or to a returning officer on behalf of the Company.

(2) When the postal voting scheme is submitted to the Minister by the Company under this section, the Minister shall, as he shall think proper, either by order confirm such scheme without modification or make such modifications in such scheme as he shall, subject to the provisions of this section, think proper and by order confirm such scheme as so modified.

(3) Without prejudice to the generality of the foregoing provisions of this section, the postal voting scheme as confirmed by the Minister under this section shall provide for the following particular matters in relation to every election held under such scheme, that is to say:—

(a) the method of nominating candidates for election at such election;

(b) the appointment of a returning officer for the purposes of such election;

(c) the furnishing by the Company to the members of the Company of ballot papers for the purposes of such election;

(d) the returning of such ballot papers by such members by post or otherwise to the Company or to such returning officer on behalf of the Company;

(e) securing that each member of the Company shall be entitled to give at such election the like number of votes as he would have been entitled to give at such election if this section had not been enacted and such election had taken place at an annual general meeting of the Company;

(f) securing that representatives of the members of the Company may be present at and, if they so desire, take part in the scrutiny and counting of the votes given at such election;

(g) providing that the ballot papers for the purposes of such election shall be despatched to the members of the Company not less than one week before the annual general meeting of the Company at which such election would have taken place if this section had not been enacted, and that the poll at such election shall not be closed until at least one week after such annual general meeting.

(4) The Minister shall, by the order confirming the postal voting scheme under this section, appoint the day (not being later than twelve months after the passing of this Act) on which such scheme shall come into force.

(5) At any time after the postal voting scheme has been confirmed by the Minister under this section, the Minister may, either in consequence of representations made to him by the Company or on his own motion after one month's notice to the Company, by order amend (by addition, omission, or variation) such scheme in such manner as he shall, subject to the provisions of this section, think proper.

(6) On and after the expiration of two months after the date on which the postal voting scheme comes into force under this section, every election of a director of the Company which, but for this section, would be required by law to be made by the votes of members of the Company given at an annual general meeting of the Company shall take place and be held under and in accordance with such scheme, subject to such (if any) amendments or variations of such scheme as may for the time being be in force under this section.

Number and terms of office of directors.

7.—(1) In this section—

the expression “the next annual meeting” means the annual general meeting of the Company held next after the expiration of two months after the date on which the scheme for the election of directors of the Company by postal voting comes into force under this Act;

the expression “annual election” means an election of directors of the Company held under and in accordance with the said scheme; and

the expression “the next annual election” means the annual election held next after the expiration of the said two months.

(2) As from the conclusion of the counting of the votes at the next annual election the number of the directors of the Company shall be seven, all of whom shall be elected or co-opted in accordance with this section.

(3) The term of office of every director of the Company who holds office as such director immediately before the next annual meeting shall expire at the conclusion of the counting of the votes at the next annual election, but every such director shall be eligible for election under this section as a director at such annual election.

(4) At the next annual election seven directors of the Company shall be elected.

(5) Of the directors of the Company so elected at the next annual election two (who shall, in default of agreement, be selected by lot at or immediately after such election) shall hold office for one year, and two others (who shall be similarly selected) shall hold office for two years, and the remaining three shall hold office for three years, but subject in every case to death, resignation, or disqualification.

(6) Every vacancy occurring amongst the directors of the Company after the next annual election by reason of the death resignation, or disqualification of a director shall be filled by a person co-opted for that purpose by the other directors or a majority of them, and every person so co-opted shall hold office for the residue of the period for which the director whose place he is co-opted to fill would have held office if he had not died, resigned, or become disqualified.

(7) The directors may act notwithstanding the existence of one or more such vacancies as are mentioned in the next preceding sub-section of this section.

(8) Subject to the foregoing provisions of this section, every director of the Company elected after the next annual election shall, unless he sooner dies, resigns, or becomes disqualified, hold office as such director for three years.

(9) Every director of the Company elected at the next annual election or elected or co-opted thereafter shall be eligible for re-election at the annual election at the conclusion of the counting of the votes at which his term of office expires.

(10) The term of office of every director of the Company elected at or after the next annual election shall commence at the conclusion of the counting of the votes at the annual election at which he is elected, and the term of office of every such director and of every director of the Company co-opted after the next annual election shall expire at the conclusion of the counting of the votes at the first, second, or third (as the case may require) annual election after his election or co-option.

(11) After the next annual election the quorum for a meeting of the directors of the Company shall be three.

Qualification of directors.

8.—From the appointed day for the ordinary stock of the Company until the next annual election, within the meaning of the foregoing section, sub-section (3) of section 34 of the Great Southern Railways Amalgamation Scheme, 1925 shall apply to directors of the Company subject to the modification that the reference to £2,000 contained therein be construed as a reference to £200, and from and after the said next annual election shall apply to such directors subject to the modification that the said reference to £2,000 be construed as a reference to £1,000.

Discontinuance of train services.

9.—(1) In this section the expression “service of trains” means a service of trains in respect of which the railway company running such service wishes, for the purposes of more economical working, to provide by means of road transport such transport facilities as are required by the traffic theretofore carried by such service.

(2) Subject to the provisions of this section, the Minister may by order made on the application of a railway company either—

(a) authorise such railway company, notwithstanding any statutory, contractual, or other obligation to the contrary, to terminate wholly a service of trains run at the date of such application over any specified railway line or section of railway line owned or operated by such company, or

(b) authorise such railway company notwithstanding any statutory contractual, or other obligation to the contrary to reduce in such manner and to such extent as shall be specified in such order a service of trains run at the date of such application, by such railway company over any specified railway line or section of railway line owned or operated by such company.

(3) The Minister shall not make an order under this section unless he is satisfied that the railway company on whose application such order is made has lawful authority by statute, order, licence, or otherwise to carry on a road transport service affording to the public transport facilities constituting (for the purposes of the traffic carried by the railway services authorised by such order to be discontinued) an adequate substitute for those services and that such railway company has given sufficient public notice of the establishment or intention to establish such road transport service.

(4) Whenever the Minister makes an order under this section the following provisions shall have effect in respect of the railway line or section of railway line to which such order relates, that is to say:—

(a) it shall be lawful for the railway company owning or operating such railway line or section of railway line, notwithstanding any statutory, contractual, or other obligation to the contrary, either (as the terms of such order may be) to cease to run any trains on such railway line or section of railway line or to reduce in the manner and to the extent specified in such order the service of trains on such railway line or section of railway line;

(b) such order shall not relieve from or affect any liability of such railway company to maintain all bridges level crossings, fences, drains, and other works constructed and maintained for the use, accommodation, or protection of the public generally or of any section of the public or of the owners or of occupiers of particular lands;

(c) where such order authorises such railway company to cease to run any trains whatsoever on such railway line or section of railway line, so much of section 47 of the Railways Clauses Consolidation Act, 1845 , as makes it obligatory on a railway company to employ proper persons to open and shut gates at a level crossing shall not apply to any level crossing on such railway line or section of railway line if and so long as all the gates of such level crossings are kept and secured in such position as to permit the free passage of road traffic across such line at such crossing;

(d) all employees of such railway company who are dismissed on account of their services being rendered redundant by steps taken by such railway company under the authority or in anticipation of such order shall be entitled to be paid by such railway company compensation in accordance with the provisions of the Second Schedule to this Act and the provisions of the Third Schedule to the Principal Act as amended by the Railways (Existing Officers and Servants) Act, 1926 (No. 25 of 1926) relating to arbitration shall apply to all claims for compensation made against any railway company under this Act in like manner as such provisions apply to claims for compensation made against the amalgamated company under those Acts;

(e) such railway company may transfer to any road transport business or any other undertaking owned or controlled by such railway company any employee whose services are rendered redundant by steps taken by such railway company under the authority of such order and, unless such transfer is refused by such employee on reasonable grounds, or any such employee so transferred is dismissed for any cause other than inefficiency or misconduct within two years from the date on which he is so transferred, no employee so transferred shall be deemed to be dismissed for the purposes of the foregoing paragraph.

(5) Save as authorised under this section, no railway company shall reduce or alter the railway service run over their railway line or any section thereof to such extent or in such manner as to afford facilities for the transport of passengers, merchandise, or mails substantially less in proportion to the traffic for the time being available for transport by rail than the facilities for such transport given by the railway service run over such line or section during the first seven days of the month of January, 1933.

Regulation of conditions of service of road transport employees of railway company.

10.—From and after the passing of this Act the rates of pay, hours of duty, and other conditions of service of the road transport employees of a railway company, employed for any of the purposes of the road transport business carried on by such company and whose depot or other place of employment is situated in Saorstát Eireann, shall be regulated in accordance with agreements made or to be from time to time made between the trade unions representative of such employees of the one part and such railway company of the other part.

Superannuation of employees of the Company.

11.—(1) The Company shall, within six months after the passing of this Act, prepare and submit to the Railway Tribunal a scheme (in this section referred to as a superannuation scheme) for the establishment and maintenance on the basis of equal contributions by the Company and the employees of the Company, of a fund for providing superannuation allowances for such of the employees of the Company as can, with due regard to actuarial considerations, be provided with such allowances out of such fund.

(2) Where at the date of the passing of this Act any employees of the Company are entitled to any rights in or benefits from any existing superannuation or benefit fund, no superannuation scheme under this section shall prejudice such rights or reduce such benefits.

(3) A superannuation scheme under this section shall contain provisions enabling representatives of the employees of the Company contributing under such scheme to share equally with representatives of the Company in the management of the superannuation fund to be established under such scheme.

(4) The Railway Tribunal shall consider any superannuation scheme submitted to it under this section and, having heard the Minister if desirous of being heard and all other parties (including trade unions) desirous of being heard and appearing to the Railway Tribunal to be interested, shall, as it thinks proper having regard to the provisions of this section, either confirm such scheme without modification or make such modifications therein as it thinks proper and confirm such scheme as so modified or, if it is of opinion that such scheme would not meet the reasonable requirements of the employees of the Company, refuse to confirm such scheme and make a special report to the Minister stating its reasons for such refusal.

(5) The order of the Railway Tribunal confirming a superannuation scheme under this section shall appoint the date on which such scheme shall come into operation and as on and from the date so appointed such scheme shall have statutory effect.

(6) A superannuation scheme under this section may contain provisions for the amendment (by addition, omission, or variation) by any specified authority, person, or means of all or any particular class or classes of the terms of such scheme, and subject to such provisions and so far as such provisions do not extend such scheme may at any time be amended (by addition, omission, or variation) by the Railway Tribunal on the application of the Company, the Minister, or any other person and after hearing all persons desirous of being heard and appearing to the Railway Tribunal to be interested.

(7) The Railway Tribunal, when considering under this section a superannuation scheme or hearing an application under this section for the amendment of a superannuation scheme, shall be entitled to have the assistance of two assessors having actuarial knowledge and experience who shall be nominated by the Minister and shall be paid (as part of the expenses of the Railway Tribunal) such remuneration as the Minister shall, with the sanction of the Minister for Finance, direct.

Uniform rate for carriage of merchandise.

12.—(1) The Minister may at any time by order (to be known and in this section referred to as a uniform rate order) direct that any particular merchandise when carried by rail by any specified railway company or railway companies on the conditions (in this section referred to as the special conditions) prescribed for such merchandise by such order shall be so carried at a rate (in this section referred to as a uniform rate) fixed in relation to each distance (in this section referred to as a prescribed distance) prescribed by such order in accordance with this section and whenever the Minister makes such an order a uniform rate shall be fixed under this section in respect of each prescribed distance and from and after the date on which such uniform rate becomes operative under this section while such order remains in force each such uniform rate shall be the rate which, notwithstanding any other enactments, shall be charged for the carriage of such merchandise on the special conditions by such company for the prescribed distance to which such rate relates.

(2) In every uniform rate order the Minister shall specify the particular merchandise to which such order relates and the unit of quantity of such merchandise by reference to which the charge for the carriage of such merchandise shall be calculated and shall prescribe the special conditions for the carriage of such merchandise and the distances in respect of which uniform rates shall be fixed under such order.

(3) The Minister may in any uniform rate order prescribe the distances in respect of which uniform rates shall be fixed under such order by prescribing a graduated scale of distances by fixing maximum distances, by reference to zones round any specific point, or in any other manner which the Minister may think fit.

(4) The Minister may include in the special conditions prescribed by any uniform rate order conditions as to all or any of the following matters, that is to say:—

(a) the minimum quantity in respect of which a uniform rate shall be chargeable;

(b) loading and unloading;

(c) packing;

(d) the train services available for carriage;

(e) liability for loss or damage;

(f) any other matter which in the opinion of the Minister might reasonably affect the cost of transport.

(5) Whenever the Minister makes a uniform rate order in relation to any merchandise it shall be the duty of any railway company specified therein within one month after the making of such order to estimate in accordance with this section in respect of each prescribed distance a uniform rate to be charged in respect of the carriage of such merchandise on the special conditions by such company for each such prescribed distance.

(6) For the purpose of the estimation of a uniform rate by a railway company under the foregoing sub-section to be charged in respect of a prescribed distance for the carriage of any particular merchandise the following provisions shall have effect, that is to say:—

(a) such company shall select a period (in this section referred to as the standard period) which in the opinion of such company is suitable, in the particular case, as a period for estimating the probable volume of traffic to be expected from the carriage of such merchandise for such prescribed distance;

(b) if such company has carried any substantial quantity of such merchandise during any substantial period prior to the time of such estimation, and if no material change has taken place or is anticipated in the volume and conditions of traffic resulting from the carriage of such merchandise, the standard period shall be a period prior to such estimation;

(c) if such company has not carried any substantial quantity of such merchandise during any substantial period prior to the time of such estimation, or if a material change has taken place or is anticipated in the volume and conditions of traffic, the standard period shall be, at the discretion of such company, partly before and partly after or wholly after such time;

(d) if the standard period or part of the standard period is subsequent to the time of such estimation such company shall make an estimate of the probable volume of traffic for such prescribed distance resulting from the carriage of such merchandise during such standard period or such part of such standard period and such estimate shall for the purposes of this section be the volume of traffic for such standard period or such part of the standard period;

(e) such company shall calculate the gross income from the volume of traffic for the standard period for such prescribed distance on the basis of the charges which have been or which would but for this section be made in respect of such traffic, making allowance for exceptional rates when such might have been applied or would be applicable, and shall estimate a uniform rate which would in the opinion of such company produce a similar gross income from the same volume of traffic carried for such prescribed distance in a period equal to the standard period.

(7) Every uniform rate estimated by a railway company in accordance with the foregoing sub-section shall be submitted by such company to the Railway Tribunal forthwith and the Railway Tribunal, after hearing all parties desirous of being heard and appearing to it to be interested, shall fix the uniform rate either at the amount estimated by such company or at such other amount as may appear proper to the Railway Tribunal and shall appoint a date on which the uniform rate so fixed shall become operative and every uniform rate so fixed shall become operative on the date so appointed.

(8) Every uniform rate fixed by the Railway Tribunal under this section shall be reviewed by it on the expiration of every calendar year from the date on which such uniform rate was fixed and the Railway Tribunal may upon any such review make such modification as it may think proper in such uniform rate.

(9) The Minister may in any uniform rate order direct that such order shall apply to the carriage of the particular merchandise specified therein by canal or by canal and road and may if he thinks that the circumstances so require prescribe by such order special conditions for the carriage of such merchandise by canal or by canal and road either in addition to or in substitution for any other special conditions prescribed thereby and thereupon this section shall apply to the carriage of such merchandise by canal or by canal and road as if a canal company were a railway company and the special conditions for the carriage of such merchandise by canal or by canal and road prescribed by such order shall be special conditions for the carriage of such merchandise when carried by canal or by canal and road.

(10) The Minister may in any uniform rate order direct that such order shall apply to the carriage of the particular merchandise specified therein by the road services of a railway company as if such road services formed part of the railway services of such company and whenever the Minister so directs the provisions of this section shall apply to such railway company and to the carriage of such merchandise by such company as if such road services formed part of the railway services of such company and carriage by road were carriage by rail by such company.

(11) The Minister may in any uniform rate order direct that a separate uniform rate shall be fixed for the carriage of the merchandise specified in such order by road by any railway company and may if he thinks that the circumstances so require specify in such order special conditions for the carriage of such merchandise by road either in addition to or in substitution for any other special conditions prescribed thereby and thereupon this section shall apply as if carriage by road were carriage by rail by such company and the special conditions for the carriage of such merchandise by road shall be special conditions for the carriage of such merchandise when carried by road by such company and a uniform rate shall be fixed for such carriage independently of any uniform rate fixed for the carriage of any merchandise by rail by such company.

(12) The Minister may by order made under this sub-section, revoke, amend, or vary any uniform rate order.

Liability for expenses of the road transport functions of the Railway Tribunal.

13.—(1) In this section—

the expression “the road transport expenses of the Railway Tribunal” means all expenses, as determined by the Minister for Finance, incurred by the Railway Tribunal exclusively in the exercise and performance of its powers and duties under any Act relating to the transport of merchandise by road which has been or shall be passed by the Oireachtas after the 1st day of February, 1933, and before the 1st day of July, 1933, but does not include any part or proportion of the remuneration of the members, registrar, officers, and servants of the Railway Tribunal or any other expenses which, in the opinion of the Minister for Finance, are part of the general expenses of the Railway Tribunal and are not exclusively referable to the performance of any particular function of the Railway Tribunal; and

the expression “road transport fees” means fees charged and recovered by the Railway Tribunal under any such Act as aforesaid.

(2) The expression “all other expenses of the Railway Tribunal” where the same occurs in sub-section (4) of section 15 of the Principal Act shall not include the road transport expenses of the Railway Tribunal; and

the expression “fees charged and recovered by the Railway Tribunal” where the same occurs in the said sub-section shall not include road transport fees, and the said sub-section shall be construed and have effect accordingly.

(3) For the purposes of this section the Railway Tribunal shall, in such manner as the Minister for Finance shall direct, segregate in its accounts the road transport expenses of the Railway Tribunal and the road transport fees respectively from the other expenses of and the other fees charged and recovered by the Railway Tribunal,

Empowering railway companies to engage in air transport.

14.—(1) The Minister may by order empower any railway company to which Part III of the Road Transport Act, 1932 (No. 2 of 1932), applies to do all or any of the following things, that is to say:—

(a) engage in or carry on the business of air transport;

(b) purchase the whole or any part of or any share or interest in any air transport business carried on by any other person (including any business carried on by such person which is ancillary or incidental to such air transport business) and the property and assets used in or in connection with such business;

(c) purchase, hold, transfer and sell shares in any company carrying on the business of air transport;

(d) lend money to any person carrying on the business of air transport and take security by mortgage or otherwise for the repayment of such money;

(e) construct, repair and maintain, for such company or for any other person, aircraft, machinery, plant and material for use in or for the purpose of air transport;

(f) enter into contracts in relation to air transport, whether carried on by such company or by another person;

(g) use its money and funds for the purpose of doing anything which such company is empowered by an order under this section to do and, in particular, use for that purpose any money in its hands at the date of such order and also any money raised under statutory power before the date of such order (whether before or after the passing of this Act) and not required for the purpose for which such money was so raised;

(h) anything ancillary or incidental to anything which such company is empowered by an order under this section to do.

(2) For the purpose of this section the expression “air transport” means the carriage for reward by air of passengers, passengers' luggage, merchandise, and mails, or any of them, but the powers conferred by an order under this section may be limited by such order to any one or more of those subjects of carriage.

(3) The Minister may attach to any power conferred by an order under this section such conditions and restrictions as he shall think proper and shall specify in such order.

(4) An order under this section shall operate to authorise the railway company to which it relates to do such one or more of the things mentioned in sub-section (1) of this section as shall be specified in that behalf in such order, but subject to such limitations, conditions, and restrictions as are imposed under this section by such order.

Amendment of section 19 of the Principal Act.

15.—Sub-section (3) of section 19 of the Principal Act is hereby amended by the insertion of the words “or any officer of the Minister authorised by him ” immediately after the word “Minister” where it lastly occurs in that sub-section, and the said sub-section shall be construed and have effect accordingly.

Section 55 of the Principal Act not to apply to road transport employees.

16.—(1) Section 55 of the Principal Act shall not apply to the road transport employees of any railway company.

(2) The Eighth Schedule to the Principal Act is hereby amended by the deletion of the words “Cartage Staff” in the second column and by the deletion in the third column opposite the said words of the words “Carters, Road Motor Drivers, Working Foremen.”

Amendment of the Agriculture Act, 1931.

17.—Sub-section (3) of section 4 of the Agriculture Act, 1931 (No. 8 of 1931), is hereby amended by the addition, at the end of the sub-section, of the words “or any other Act, whether passed before or after this Act”, and the said sub-section shall be construed and have effect accordingly.

Expenses under this Act.

18.—All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be defrayed out of moneys provided by the Oireachtas.

Repeals.

19.—(1) The Railways (Directorate) Act, 1924 (No. 61 of 1924), is hereby repealed.

(2) Part II of the Railways (Miscellaneous) Act, 1932 (No. 3 of 1932), is hereby repealed, but without prejudice to the validity of every order made under section 8 of the said Railways (Miscellaneous) Act, 1932 , before the passing of this Act or to the continued operation of every such order under and in accordance with the said section 8 .

Short title and citation.

20.—(1) This Act may be cited as the Railways Act, 1933.

(2) The Railways Acts, 1924 to 1932, and this Act may be cited together as the Railways Acts, 1924 to 1933,

FIRST SCHEDULE.

SECOND SCHEDULE.

1. In this Schedule the word “service” means service with any railway company or railway companies having the whole or part of their line or lines in Saorstát Eireann.

2. The compensation payable to an employee who had at the date of his dismissal continuous service for a period of less than five years shall be a gratuity calculated on the basis of one-sixth of the amount of his annual remuneration and emoluments at the date of his dismissal for every completed year of his service.

3. The compensation payable to an employee who had at the date of his dismissal continuous service for a period of not less than five years shall be an annual sum to be paid to him during his life not exceeding in any case two-thirds of his annual remuneration and emoluments at the date of his dismissal, and, subject to that limitation to be calculated at the rate of one-sixtieth of such annual remuneration and emoluments for every completed year of his service with an addition thereto based on the number of completed years of his service and calculated according to the following scale:—

if he has twenty or more completed years of service, an addition of ten-sixtieths of his said remuneration and emoluments;

if he has fifteen or more completed years of service and less than twenty such years, an addition of seven-sixtieths of his said remuneration and emoluments;

if he has ten or more completed years of service and less than fifteen such years, an addition of five-sixtieths of his said remuneration and emoluments;

if he has five or more completed years of service and less than ten such years, an addition of three-sixtieths of his said remuneration and emoluments.

4. In the case of a person who was taken into the employment of a railway company as a specially qualified person at an age exceeding that at which employment by a railway company usually began, his actual period of service may be increased by the addition of such number of years as may seem just, having regard to the particular circumstances of the case, and thereupon his compensation shall be calculated on such increased period of service.

5. (a) Where a person was temporarily absent from his employment and during the whole of such absence was engaged in service in any of the military forces serving under the authority of the First Dáil Eireann, the Second Dáil Eireann, or the Provisional Government of Ireland, or the British Army, Navy or Air Forces, or in either of the opposing forces during the civil strife in the years 1922, 1923, 1924, or was interned or imprisoned in consequence of such service, such temporary absence shall for the purposes of this Schedule be reckoned and included in the period of his service.

(b) Without prejudice to the provisions of the preceding paragraph, where any person was absent from his employment for a period of less than one year on account of the closing or partial closing of a railway or section of a railway in consequence of the civil strife in the years 1922 or 1923, such absence shall not be deemed to have caused an interruption of his employment if otherwise continuous, but shall not be reckoned or included in his period of service for the purpose of calculating compensation under this Act,

6. Where any person has served as a trade apprentice with any railway company the period of such apprenticeship shall not be reckoned or included in his period of service.

7. Whenever the compensation payable to an employee of a railway company is an annual allowance and such employee is entitled to benefits by way of superannuation payable out of any contributory superannuation or benefit fund to which a railway company by which he was employed contributed, such annual allowance shall notwithstanding anything contained in this Schedule be the difference between the amount of the annual allowance which would be payable if such employee was not entitled to any such benefits and the annual amount or annual value of such benefits and such employee shall in addition be paid by such railway company a lump sum equal to the total amount of the contributions paid at any time by such employee to the superannuation or benefit fund.

8. Any person who is in receipt of an annual sum by way of compensation may, within one year from the date on which the amount of such annual sum is fixed, apply to the railway company by which he was dismissed to commute not more than one-fourth of such annual sum by payment of a capital sum of money and no such application shall be unreasonably refused by such railway company.