TRANSPORT ACT, 1944 (1944_act_21) | IE

ISB Act 1944-12-08

Schedule 1 TRANSPORT ACT, 1944 Open official source

FIRST SCHEDULE. Enactments Repealed as on and from the Establishment Date.

Enactments Repealed as on and from the Establishment Date.

Session and Chapter or Number and Year

Short Title

Extent of Repeal

58 Geo. III, c. 35.

An Act to provide for the maintaining of the Royal Canal from the River Liffey to the River Shannon in Ireland.

Section 35; in section 38 all words from the words: “and in case the said Directors” to the end of the section.

7 & 8 Vic., c. 85

The Railway Regulation Act, 1844.

Section 6.

11 & 12 Vic., c. lxxvi

The Midland Great Western Railway of Ireland (Moate Deviation) Act, 1848.

Sections 13, 14 and 15.

63 & 64 Vic., c. clvi

Dublin Wicklow and Wexford Railway Act, 1900.

Sections 25 and 26.

3 Edw. VII, c. clx

Great Southern and Western Railway Act, 1903.

Sections 36 and 38.

3 Edw. VII, c. clxiii

Midland Great Western Railway of Ireland Act, 1903.

Section 29; Section 31, so far as relates to trespass by persons.

8 & 9 Geo. V, c. 34

The Statutory Undertakings (Temporary Increase of Charges) Act, 1918.

The Act so far as it relates to tramways.

10 & 11 Geo. V, c. 14

Tramways (Temporary Increase of Charges) Act, 1920.

The whole Act.

10 & 11 Geo. V., c. 21

The Harbours, Docks and Piers (Temporary Increase of Charges) Act, 1920.

The whole Act so far as unrepealed.

No. 16 of 1923

The Statutory Undertakings (Continuance of Charges) (No. 2) Act, 1923.

The whole Act so far as unrepealed.

No. 29 of 1924

The Railways Act, 1924

Parts II and III; subsection (1) of section 58; Fifth and Sixth Schedules.

No. 1 (Private) of 1925

The Dublin United Tramways (Omnibus Services) Act, 1925.

The whole Act.

No. 23 of 1929

The Railways (Amendment) Act, 1929.

The whole Act.

No. 8 of 1931.

The Agriculture Act, 1931.

Paragraph (b) of subsection (2) of section 4; subsections (3) and (4) of section 4.

No. 3 of 1932

The Railways (Miscellaneous) Act, 1932.

Section 15; subsection (2) of section 18.

No. 8 of 1933

The Road Transport Act, 1933.

In section 2, the definition of the expression “carriage for reward”; sections 4 and 16; Parts III and IV; section 74.

No. 9 of 1933

Railways Act, 1933

Sections 5, 12, 13 and 17.

No. 17 of 1934

The Road Transport Act, 1934.

Section 11

No. 23 of 1935

The Road Transport Act, 1935.

Sections 2 and 3

ISB Act 1944-12-08

Schedule 2 TRANSPORT ACT, 1944 Open official source

SECOND SCHEDULE. Transitory Provisions in Relation to the Dissolved Companies and the Company.

Transitory Provisions in Relation to the Dissolved Companies and the Company.

Definition.

1. In this Schedule the expression “final ordinary meeting” means, in relation to a dissolved company, the ordinary meeting which that company is required by paragraph 5 of this Schedule to hold.

Continuance of dissolved companies for certain purposes.

2. For the purposes of this Schedule but not further or otherwise each dissolved company shall be deemed to continue in existence on and after the establishment date.

Transfers of stocks, shares and securities.

3. A dissolved company shall, at the request of the Company, execute all such instruments and do all such acts as may be necessary to enable the Company to have transferred into its name any stocks, shares or securities held by that dissolved company immediately before the establishment date, and for this purpose the persons who are immediately before the establishment date the directors of that dissolved company shall be deemed to continue in office.

Continuance in office of directors, officers and auditors of dissolved companies.

4. The persons who are the directors, officers and auditors of any dissolved company immediately before the establishment date shall be deemed to continue in office for the purpose of the preparation and auditing of accounts and balance sheets of that company for the year 1944, the production thereof to the proprietors of that company, the declaration of dividends for the year 1944 and the summoning, holding and conduct of the final ordinary meeting of that company.

Ordinary meeting of dissolved companies to be held in February or March, 1945.

5. An ordinary meeting of each dissolved company shall be held in the month of February or the month of March, 1945, for the purpose of receiving the statements of accounts of that company for the year 1944 and the declaration of dividends, and the persons who are immediately before the establishment date the proprietors of that dissolved company shall be deemed to be the proprietors of that company for purposes aforesaid and for the purposes of summoning, holding and conducting that ordinary meeting.

Accounts and returns of dissolved railway company for 1944.

6. (1) The dissolved railway company shall prepare accounts and returns for the year 1944 in accordance with the form set out in the First Schedule to the Railway Companies (Accounts and Returns) Act, 1911, and submit the accounts to their auditors in that form.

(2) The accounts and returns for the year 1944 shall be signed by the officer of the dissolved railway company responsible for the accounts or returns or any part thereof and by the chairman of the directors of that company.

(3) The dissolved railway company shall forward six copies of the accounts and returns for the year 1944 to the Minister not later than the 28th day of February, 1945, and shall forward a copy of the accounts and returns to any proprietor of the dissolved railway company who applies for a copy.

(4) If any account or return prepared and forwarded under this paragraph is false in any particular to the knowledge of any person who signs the account or return or any part thereof, that person shall be liable on conviction on indictment to imprisonment with or without hard labour for a term not exceeding one year or to a fine not exceeding one hundred pounds, and on summary conviction to a fine not exceeding fifty pounds.

Accounts of dissolved transport company for 1944.

7. The dissolved transport company shall cause accounts to be made up for the year 1944.

Provisions in relation to Income Tax chargeable on dissolved companies.

8. (1) A dissolved company shall, on and after the establishment date, continue to be liable under the Income Tax Acts to prepare and deliver any statement, return or particulars required for the purposes of those Acts for any year of assessment ending on or before the 5th day of April, 1945.

(2) Assessments to income tax for any year of assessment ending on or before the 5th day of April, 1945, may be made on a dissolved company on or after the establishment date, and income tax in respect of any such assessment so made, which shall have become final and conclusive, shall, when it becomes due and payable, be deemed to have become due and payable before the establishment date.

(3) For the purposes of subparagraphs (1) and (2) of this paragraph the secretary of the Company or other officer performing the duties of secretary of the Company shall be deemed to be secretary of a dissolved company or other officer performing the duties of secretary of that dissolved company.

(4) The Company shall be and is hereby empowered to deduct out of the emoluments of any person holding an office or employment of profit under the Company any income tax charged on the dissolved railway company in respect of any office or employment of profit held by such person under the dissolved railway company.

Provisions in relation to corporation profits tax chargeable on the dissolved transport company.

9. (1) The dissolved transport company shall, on and after the establishment date, continue to be liable, under the enactments relating to corporation profits tax to prepare and deliver any statement, return or particulars required for the purposes of those enactments for any accounting period ending on or before the 31st day of December, 1944.

(2) Assessments to corporation profits tax for any accounting period ending on or before the 31st day of December, 1944, may be made on or after the establishment date on the dissolved transport company and corporation profits tax in respect of any such assessment so made, which shall have become final and conclusive, shall, when it becomes due and payable, be deemed to have become due and payable before the establishment date.

(3) For the purposes of subparagraphs (1) and (2) of this paragraph, the secretary of the Company or other officer performing the duties of secretary of the Company shall be deemed to be secretary of the dissolved transport company or other officer performing the duties of secretary of the dissolved transport company.

(4) In this paragraph references to corporation profits tax shall be construed as including references to excess corporation profits tax.

Payment by the Company of expenses of dissolved companies and dividends declared by dissolved companies at final meetings.

10. Any expenses incurred by a dissolved company under this Schedule and any dividend declared by any dissolved company shall be paid by the Company.

Use of names of dissolved companies.

11. During the period of six months commencing on the establishment date, the Company shall be entitled to carry on business in the name of a dissolved company in addition to or in substitution for the name of the Company and all contracts-and engagements entered into by the Company during that period by any such name or names shall be binding upon and enforceable by the Company.

ISB Act 1944-12-08

Schedule 3 TRANSPORT ACT, 1944 Open official source

THIRD SCHEDULE. Stocks of Dissolved Companies to be Exchanged for Stocks of the Company.

Stocks of Dissolved Companies to be Exchanged for Stocks of the Company.

Part I.

The Great Southern Railways Company.

Ref. No.

Description of Stock of the Great Southern Railways Company

Description of Stock of the Company to be issued in exchange for Stock of the Great Southern Railways Company

Amount of stock of the Company to be issued in exchange for each £100 of Stock of the Great Southern Railways Company and so on in proportion

(1)

(2)

(3)

(4)

£

1

4 per cent. Debenture Stock

3 per cent. Redeemable Debenture Stock.

100

2

4 per cent. Guaranteed Preference Stock.

3 per cent. Redeemable Debenture Stock.

50

Common Stock

50

3

4 per cent. Preference Stock.

Common Stock

100

4

Ordinary Stock

Common Stock

100

5

4 per cent. New Ross and Waterford Extension Railways' Guaranteed Stock.

3 per cent. Redeemable Debenture Stock.

100

6

4 per cent. City of Dublin Junction Railways' Debenture Stock, 1884 and 1887.

3 per cent. Redeemable Debenture Stock.

100

7

4 per cent. City of Dublin Junction Railways' Debenture Stock, 1894 and 1897.

3 per cent. Redeemable Debenture Stock.

100

8

4 per cent. City of Dublin Junction Railways' Preference Stock.

3 per cent. Redeemable Debenture Stock.

100

9

4 per cent. City of Dublin Junction Railways' Guaranteed Stock.

3 per cent. Redeemable Debenture Stock.

100

Part II.

The Dublin United Transport Company, Limited.

Ref. No.

Description of Stock of the Dublin United Transport Company, Limited

Description of Stock of the Company to be issued in exchange for Stock of the Dublin United Transport Company, Limited

Amount of stock of the Company to be issued in exchange for each £100 of Stock of the Dublin United Transport Company, Limited, and so on in proportion

(1)

(2)

(3)

(4)

£

1

6 per cent. Preference Stock.

3 per cent. Redeemable Debenture Stock.

145

2

Ordinary Stock

3 per cent. Redeemable Debenture Stock.

145

ISB Act 1944-12-08

Schedule 4 TRANSPORT ACT, 1944 Open official source

FOURTH SCHEDULE. Provisions in Relation to Stockholders' Directors.

Provisions in Relation to Stockholders' Directors.

Definitions.

1. In this Schedule—

the expression “ordinary meeting” means an ordinary meeting of the Company;

the expression “the 1945 meeting” means the ordinary meeting to be held in 1945;

the expression “the 1946 meeting” means the ordinary meeting to be held in 1946;

the expression “the 1947 meeting” means the ordinary meeting to be held in 1947;

the expression “the 1948 meeting” means the ordinary meeting to be held in 1948;

the expression “casual vacancy” means a vacancy amongst the stockholders' directors occurring through the death, resignation or disqualification of a stockholders' director.

First stockholders' directors.

2. (1) On the establishment date each of the following persons shall be and become a stockholders' director, that is to say:—

(a) any person who, immediately before the establishment date, is a shareholders' director, within the meaning of the Emergency Powers (No. 152) Order, 1942 (S. R. & O., No. 69 of 1942), of the dissolved railway company,

(b) any person who, immediately before the establishment date, is a-director of the dissolved transport company and who is not on the establishment date the Chairman of the Company.

(2) In this Schedule the expression “first stockholders' director” means a person who becomes a stockholders' director by virtue of subparagraph (1) of this paragraph.

Term of office of first stockholders' directors and persons co-opted to fill casual vacancies amongst stockholders' directors before the conclusion of the 1945 meeting.

3. (1) Every first stockholders' director and every person appointed to fill a casual vacancy occurring before the conclusion of the 1945 meeting amongst the stockholders' directors shall, unless he sooner dies, resigns or becomes disqualified, hold office until the conclusion of the 1945 meeting.

(2) Of the stockholders' directors holding office immediately before the 1945 meeting—

(a) each of two (who, in default of agreement between the said stockholders' directors, shall be determined by lot at or immediately after the 1945 meeting) shall, unless he sooner dies, resigns, or becomes disqualified, continue to hold office until the conclusion of the election of stockholders' directors at the 1946 meeting, and shall then retire,

(b) each of two (who, in default of agreement between the said stockholders' directors, shall be determined by lot at or immediately after the 1945 meeting) shall, unless he sooner dies, resigns or becomes disqualified, continue to hold office until the conclusion of the election of stockholders' directors at the 1947 meeting, and shall then retire,

(c) each of the remainder shall, unless he sooner dies, resigns, or becomes disqualified, continue to hold office until the conclusion of the election of stockholders' directors at the 1948 meeting and shall then retire.

Election and term of office of subsequent stockholders' directors.

4. (1) The Company shall at the 1946 meeting and at each subsequent ordinary meeting elect two persons to be stockholders' directors.

(2) Every person elected under subparagraph (1) of this paragraph shall enter on office immediately upon the conclusion of such election and shall, unless he sooner dies, resigns or becomes disqualified hold office until the conclusion of election of shareholders' directors to be held at the third ordinary meeting held next after the ordinary meeting at which he was elected and shall then retire.

Casual vacancies.

5. (1) Whenever a casual vacancy occurs before the conclusion of the 1945 meeting amongst the stockholders' directors, the Board shall, unless the number of stockholders' directors in office immediately after such occurrence is six or more, co-opt a person who is duly qualified to be a stockholders' director to fill the casual, vacancy and the person so co-opted shall, unless he sooner dies, resigns or becomes disqualified, hold office until the conclusion of the 1945 meeting.

(2) Whenever after the conclusion of the 1945 meeting any stockholders' director dies, resigns or becomes disqualified, the Board shall, subject to the provisions of this paragraph, co-opt a person who is duly qualified to be a stockholders' director, to fill the casual vacancy and the person so co-opted shall, unless he sooner dies, resigns or becomes disqualified, hold office for the remainder of the period for which the stockholders' director so dying, resigning or becoming disqualified would have held office if he had not died, resigned or become disqualified, and shall be paid remuneration at the rate payable to such stockholders' director.

(3) If, after the conclusion of the 1945 meeting and before the 1948 meeting, a casual vacancy occurs amongst the stockholders' directors (other than the stockholders' directors elected at the 1946 meeting or the 1947 meeting or a person co-opted to fill a casual vacancy amongst the stockholders' directors so elected) and the number of stockholders' directors in office immediately after such occurrence is six or more, the said vacancy shall not be filled.

Stockholders' directors to be eligible for re-election.

6. A stockholders' director retiring on the expiration by effluxion of time of his term of office shall be eligible for re-election.

Qualification of stockholders' directors.

7. (1) No person shall be capable of being a stockholders' director unless he is the holder in his own right of common stock of the Company of the nominal value of not less than one thousand pounds.

(2) Subparagraph (1) of this paragraph shall not apply to a first stockholders' director, during the period for which he holds office by virtue of paragraph 3 of this Schedule.

ISB Act 1944-12-08

Schedule 5 TRANSPORT ACT, 1944 Open official source

FIFTH SCHEDULE. Compensation of Certain Officers and Servants of the Company.

Compensation of Certain Officers and Servants of the Company.

Interpretation.

1. (1) In this Schedule—

the expression “former transport company” means any company being—

(a) an absorbed company or amalgamated company within the meaning of the Railways Act, 1924 (No. 29 of 1924), or

(b) any dissolved company;

the expression “former road transport licensee” means a person who was the holder of a passenger licence, within the meaning of the Road Transport Act, 1932 (No. 2 of 1932), or of a merchandise (existing carrier's) licence within the meaning of the Road Transport Act, 1933 (No. 8 of 1933), and whose said licence was transferred to a dissolved company;

the expression “former transport undertaker” means any person being—

(a) a former transport company, or

(b) a former road transport licensee;

the expression “the Defence Forces”means—

(a) the force established under Part I of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), and

(b) the reserve force established under Part III of the said Act;

the expression “the critical date” means the 1st day of July, 1944;

the word “remuneration” shall be construed as including any cost of living or other bonus.

(2) For the purpose of reckoning the pensionable service of a person under this Schedule—

(a) the pensionable service shall include—

(i) service with any former transport company,

(ii) if that person had service with a former transport company, service in the Irish Railway Clearing House,

(iii) service with the Company,

(iv) service (being service which is recognised for the purposes of a superannuation scheme, within the meaning of section 44 of this Act, or an existing superannuation fund, within the meaning of section 45 of this Act) with any former road transport licensee;

(b) if that person was temporarily absent from his employment with a former transport undertaker 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 or the Second Dáil Eireann or the Provisional Government of Ireland or in either of the opposing forces during the civil strife in the years 1922, 1923 or 1924 or was interned or imprisoned in consequence of such service, or was engaged in service, before the 6th day of December, 1922, in the British Army, Navy or Air Force, such temporary absence shall be included in the period of his pensionable service;

(c) if that person was suspended or dismissed from the service of a former transport undertaker on or after the 1st day of April, 1916, and before the 6th day of December, 1921, but was subsequently reinstated, and the Minister certifies that his suspension or dismissal was due to his national sympathies, such period (not exceeding the period between his suspension or dismissal and his reinstatement) as the Minister may direct shall be included in the period of his pensionable service;

(d) if that person was, by reason of disruption of railway services due directly to civil strife in the years 1922, 1923 or 1924, temporarily absent from his employment with a former transport undertaker, such temporary absence shall be included in the period of his pensionable service;

(e) if that person was temporarily absent during the present war from his employment with a former transport undertaker or the Company and during the whole of such absence was serving in the Defence Forces, such temporary absence shall be included in the period of his pensionable service;

(f) if that person was temporarily absent from his employment with a former transport undertaker or the Company for a period of less than one year on account of—

(i) the temporary closing or reduction of services on a railway line, due to conditions resulting from the present war, or

(ii) the cessation or reduction of any other transport services, due to the said conditions, or

(iii) illness or accident, or

(iv) any trade dispute to which he was not a party,

such temporary absence shall be included in the period of his pensionable service;

(g) if that person was taken into the employment of any former transport undertaker as a specially qualified person at an age exceeding that at which transport service usually began, his pensionable service may be increased by the addition of such number of years as may seem just;

(h) if that person served as a trade apprentice with any former transport undertaker or the Company for any period, that period shall not be reckoned as pensionable service.

(3) For the purposes of this Schedule the number of years of pensionable service of a person shall be taken to be the result obtained by dividing the number of days of his pensionable service by the number three hundred and sixty-five, any fraction of a half or over being treated as one and any lesser fraction being disregarded.

(4) For the purposes of reckoning under this Schedule the annual remuneration and emoluments of a person who was managing director of the dissolved transport company, account shall be taken only of the remuneration and emoluments received by him in his capacity as managing director.

Compensation to persons with less than five years' pensionable service.

2. The compensation payable to a person who, on the critical date, had less than five years' pensionable service shall be a gratuity calculated on the basis of one-sixth of his annual remuneration and emoluments on the date of the abolition of his office or situation for every year of his pensionable service.

Compensation to persons with not less than five years' pensionable service.

3. Subject to the provisions of paragraph 4 of this Schedule, the compensation payable to a person who, on the critical date, had not less than five years' pensionable service 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 on the date of the abolition of his office or situation and, subject to that limitation, to be calculated at the rate of one-sixtieth of such annual remuneration and emoluments for every year of his pensionable service, with an addition thereto based on the number of years of his pensionable service and calculated according to the following scale.

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

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

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

(d) if he has less than ten years of pensionable service, an addition of three-sixtieths of his said remuneration and emoluments.

Reduction of annual sums in certain cases.

4. If any officer or servant who is entitled to an annual sum under paragraph 3 of this Schedule is also entitled to superannuation or benefit out of any Fund to which a dissolved company contributed, then—

(a) the amount of the said annual sum shall be reduced by an amount equal to the annual value of such superannuation or benefit, and

(b) the Company shall pay to such officer or servant a lump sum equal to the amount of the contributions paid by such officer or servant into the said Fund.

ISB Act 1944-12-08

Schedule 6 TRANSPORT ACT, 1944 Open official source

SIXTH SCHEDULE. Enactments not Applying to the Company.

Enactments not Applying to the Company.

Session and Chapter or Number and Year.

Short Title

Extent of non-application

31 & 32 Vic., c. 119

Regulation of Railways Act, 1868.

Section 34.

36 & 37 Vic., c. 48

The Regulation of Railways Act, 1873.

Sections 14 and 15.

57 & 58 Vic., c. 54

The Railway and Canal Traffic Act, 1894.

Sections 1, 3 and 4.

11 & 12 Geo. V, c 55

The Railways Act, 1921.

Section 84, subsection (1), and the words “save as aforesaid” in subsection (2).

No. 11 of 1933

The Road Traffic Act, 1933.

Section 120

ISB Act 1944-12-08

Schedule 7 TRANSPORT ACT, 1944 Open official source

SEVENTH SCHEDULE. Provisions in Relation to Applications to the Minister for Certain Orders Under this Act.

Provisions in Relation to Applications to the Minister for Certain Orders Under this Act.

Orders to which this Schedule applies.

1. This Schedule applies to any order under Part IV or under paragraphs 2, 6, or 19 of the Eighth Schedule to this Act.

Publication of notice of application.

2. Where an application is made to the Minister for an order to which this Schedule applies—

(a) the Minister shall require the applicant to publish, in such manner as the Minister may direct, notice of the application and as to the manner in which, and the time within which, objections and representations may be made to the Minister in relation to the application.

(b) the Minister shall, before making the order, consider any objections or representations in relation to the application which may be duly made.

Reference of applications to the Advisory Committee.

3. Where an application is made to the Minister for an order to which this Schedule applies, the Minister, if he thinks fit, may refer the application to the Advisory Committee for their report and advice, and, in that case, the Minister shall, before making the order, consider the report and advice of the Advisory Committee.

ISB Act 1944-12-08

Schedule 8 TRANSPORT ACT, 1944 Open official source

EIGHTH SCHEDULE. Miscellaneous Provisions as to Rates Applicable to the Company.

Miscellaneous Provisions as to Rates Applicable to the Company.

Calculation of distance.

1. In calculating the distance along the railway for the purpose of the charge for conveyance of any merchandise the Company shall not include any portion of its railway which may in respect of that merchandise be the subject of a charge for a station terminal.

Calculation of charges on weight and measurement.

2. (1) Unless otherwise agreed between the Company and the trader, all charges shall, so far as practicable, be based upon the gross weight of the merchandise when received by the Company determined according to the imperial avoirdupois weight, but, subject to the provisions of the Seventh Schedule to this Act, the Minister may, on the application of the Company or any interested person, by order specify any articles of merchandise upon which the charges may be calculated by reference to cubic capacity and prescribe the method by which the cubic contents for the purpose of charge is to be calculated.

(2) Any order made by the railway tribunal for the purposes of paragraph 2 of the Sixth Schedule to the Railways Act, 1924 (No. 29 of 1924), and in force immediately before the establishment date shall continue in force and have effect as if it were an order made by the Minister under this paragraph.

Terminal services at other than the Company's terminal places.

3. Where merchandise conveyed in a separate truck is loaded or unloaded elsewhere than in a shed or building of the Company the Company may not charge to a trader any service terminal for the performance by the Company of any of the said services if the trader has requested the Company to allow him to perform the service for himself, and the Company has unreasonably refused to allow him to do so. Any dispute between the trader and the Company in reference to any service terminal charged to a trader who is not allowed by the Company to perform for himself the service shall be determined by the Minister.

Charges for sidings and accommodation.

4. Nothing in this Act shall prevent the Company from making and receiving, in addition to the charges authorised by this Act, charges and payments by way of rent or otherwise for sidings or other structural accommodation provided or to be provided for the private use of traders and not required by the Company for dealing with the traffic for the purposes of conveyance

Provided that the amount of such charges or payments shall be fixed by an agreement in writing signed by the trader or by some person duly authorised on his behalf or determined, in cases of difference, by the Minister.

Charges for transhipment.

5. In respect of merchandise received from or delivered to another railway company having a railway of a different gauge or interchanged between broad and narrow gauge sections of the Company's railway, the Company may make a reasonable charge for any service of transhipment performed by it, the amount of such charge to be determined in case of difference by the Minister.

Charges for use of trucks.

6. (1) The Company may charge for the use of trucks provided by it for the conveyance of merchandise, when the provision of trucks is not included in the rates for conveyance, such sums as the Minister may, subject to the provisions of the Seventh Schedule to this Act, by order, made on the application of the Company or any interested person, determine.

(2) Where, for the conveyance of merchandise other than merchandise in respect of which the rates for conveyance do not include the provision of trucks, the Company does not provide trucks, the charge for conveyance shall be reduced by such sum as the Minister may by order, made on the application of the Company or any interested person, determine.

(3) The Company shall not be required to provide trucks for the conveyance of merchandise in respect of which the provision of trucks is not included in the rate for conveyance, nor for the conveyance of lime in bulk or salt in bulk or any merchandise liable to injure trucks;

Provided that any dispute between the Company and a trader as to whether any specific kind of merchandise is liable to injure trucks may be referred to the Minister, but on any such reference it shall lie on the trader requiring the merchandise to be carried to show that such merchandise will not injure the trucks.

(4) Any order made by the railway tribunal for the purposes of paragraph 6 of the Sixth Schedule to the Railways Act, 1924 (No. 29 of 1924), and in force immediately before the establishment date shall continue in force and shall have effect as if it were an order made by the Minister under this paragraph.

Charges when railway company conveying on railway of the Company.

7. Subject to the provisions of this Act, any railway company conveying merchandise on the railway of the Company or performing any of the services for which rates or charges are authorised by this Act, shall be entitled to charge and make the same rates and charges as the Company are authorised to make.

Dock and shipping charges.

8. Nothing in this Act shall affect the right of the Company to make any charges which it is authorised by any statute to make in respect of any accommodation or services provided or rendered by the Company at or in connection with docks or shipping places.

Provisions as to perishables.

9. The following provisions and regulations shall be applicable to the conveyance of perishable merchandise by passenger train:—

(a) The Company shall afford reasonable facilities for the expeditious conveyance of the articles classified as perishables, either by passenger train or other similar service

(b) Such facilities shall be subject to the reasonable regulations of the Company for the convenient and punctual working of its passenger train service, and shall not include any obligation to convey perishables by any particular train

(c) The Company shall not be under obligation to convey by passenger train, or other similar service, any merchandise other than perishables

(d) Any question as to the facilities afforded by the Company under these provisions and regulations shall be determined by the Minister.

Charges for services not otherwise provided for.

10.(1) The Company may charge a reasonable sum for the services hereunder mentioned, or any of them when rendered to a trader at his request or for his convenience:—

(i) Services rendered by the Company at or in connection with sidings not belonging to the Company in respect of which no rate or charge is otherwise provided;

(ii) The collection or delivery outside a terminal station of merchandise which is to be, or has been, carried by railway;

(iii) Weighing merchandise;

(iv) The detention of trucks or the use or occupation of any accommodation before or after carriage beyond such period as shall be reasonably necessary for enabling the Company to deal with merchandise as carriers thereof, or the consignor or consignee to give or take delivery thereof; or, in cases in which the merchandise is consigned to an address other than the terminal station, beyond a reasonable period from the time when notice has been delivered at such address that the merchandise has arrived at the terminal station for delivery and services rendered in connection with such use and occupation;

(v) Loading or unloading, covering or uncovering, merchandise in respect of which no charge is provided;

(vi) The use of coal drops;

(vii) The provision by the Company of accommodation at a waterside wharf and special services rendered thereat by the Company in respect of loading and unloading merchandise into or out of vessels or barges where no special charge is prescribed by any statute, provided that the charge under this subparagraph shall, for the purpose of any disintegration of rate, be deemed to be a dock charge;

(viii) Any accommodation or services provided or rendered by the Company within the scope of its undertaking, and in respect of which no provisions are made by this Schedule.

(2) Any difference arising under this paragraph shall be determined by the Minister at the instance of either party, provided that where before any service is rendered, a trader has given notice in writing to the Company that he does not require it, the service shall not be deemed to be rendered at the trader's request or for his convenience.

(3) Subject to the provisions of this paragraph, any charge hereunder made by the Company in accordance with an order of the Minister in force for the time being may be recovered by action in a court of law.

Maximum rate for conveyance.

11. The maximum rate for conveyance is the maximum rate which the Company may charge for the conveyance of merchandise by merchandise train and, subject to the exceptions and provisions specified in this Schedule, includes the provision of locomotive power and trucks by the Company and every other expense incidental to such conveyance not otherwise herein provided for.

Maximum station terminal.

12. The maximum station terminal is the maximum charge which the Company may make to a trader for the use of the accommodation (exclusive of coal drops) provided and for the duties undertaken by the Company, for which no provision is made in this Schedule at the terminal station for or in dealing with merchandise as carriers thereof before or after conveyance.

Maximum service terminals.

13. The maximum service terminals are the maximum charges which the Company may make to a trader for the following services when rendered to or for a trader, that is to say, loading, unloading, covering, and uncovering merchandise, which charges shall, in respect of each service, be deemed to include all charges for the provision by the Company of labour, machinery, plant, stores and sheets.

Charge for fractions of a quarter of a hundredweight.

14. Where a consignment by merchandise train is over three hundredweight, a fraction of a quarter of a hundredweight may be charged for as a quarter of a hundredweight.

Charge for fractions of a mile.

15. The Company may charge for a fraction of a mile as for a mile.

Articles sent in large aggregate quantities.

16. Articles sent in large aggregate quantities, although made up of separate parcels such as bags of sugar, coffee, and the like, shall not be deemed to be small parcels.

Charge for quantities less than a truck load.

17. For any quantity of merchandise less than a truck load which the Company either receive or deliver in one truck on or at a siding not belonging to the Company, or which from the circumstances in which the merchandise is tendered or the nature of the merchandise the Company is obliged or required to carry in one truck, the Company may charge as for a reasonable minimum load having regard to the nature of the merchandise.

“terminal station” and “siding”.

18. The term “terminal station” means a station or place upon the railway at which a consignment of merchandise is loaded or unloaded before or after conveyance on the railway, but does not include any station or junction at which the merchandise in respect of which any terminal is charged has been exchanged with, handed over to, or received from any railway company, or a junction between the railway and a siding let by or not belonging to the Company, or in respect of merchandise passing to or from such siding, any station with which such siding may be connected, or any dock or shipping place the charges for the use of which are regulated by statute.

The term “siding” includes branch railways not belonging to a railway company.

Revocation amendment of orders.

19. Subject to the provisions of the Seventh Schedule to this Act, the Minister may, on the application of the Company or any interested person, by order revoke or amend any order made by him under paragraph 2 or paragraph 6 of this Schedule or any order continued in force by subparagraph (2) of the said paragraph 2 or subparagraph (4) of the said paragraph 6.

“trader.”

20. In this Schedule the word “trader” includes any person sending or receiving or desiring to send or receive merchandise by railway.

ISB Act 1944-12-08

Schedule 9 TRANSPORT ACT, 1944 Open official source

NINTH SCHEDULE. Enactments Amended in their Application to the Company.

Enactments Amended in their Application to the Company.

Session and Chapter

Short Title

Nature of Amendment

11 Geo. 4 and 1 Will. 4, c. 68.

The Carriers Act, 1830.

In section one, the words “silks in a manufactured or unmanufactured state and whether wrought up or not wrought up with other materials” shall be repealed, and the word “twenty-five” shall be substituted for the word “ten.” In section two the word “twenty-five” shall be substituted for the word “ten.” The following new section shall be added after section 10:— “II. In this Act the expression ‘common carrier by land’ shall include a common carrier by land who is also a carrier by water, and as regards every such common carrier this Act shall apply to carriage by water in the same manner as it applies to carriage by land.”

In section one, the words “silks in a manufactured or unmanufactured state and whether wrought up or not wrought up with other materials” shall be repealed, and the word “twenty-five” shall be substituted for the word “ten.”

In section two the word “twenty-five” shall be substituted for the word “ten.”

The following new section shall be added after section 10:—

“II. In this Act the expression ‘common carrier by land’ shall include a common carrier by land who is also a carrier by water, and as regards every such common carrier this Act shall apply to carriage by water in the same manner as it applies to carriage by land.”

8 & 9 Vic., c. 20

The Railway Clauses Act, 1845, as incorporated in any Act, whether passed before or after the passing of this Act.

In section three after the words “The word ‘toll’ shall include any rate or charge or other payment payable under the special Act” there shall be inserted the words “or fixed by the Minister under the provisions of the Transport Act, 1944.” In section ninety-eight for the words “number or quantity of goods conveyed by any such carriage” there shall be substituted the words “full name and address of the consignee and such particulars of the nature, weight (inclusive of packing), and number of parcels or articles of merchandise handed to the company for conveyance as may be necessary to enable the company to calculate the charges therefor.” The following subsection shall be added at the end of section ninety-eight:— “(2) The company shall be entitled to refuse to convey any merchandise delivered to them for conveyance as aforesaid in respect of which the foregoing provisions of this section have not been complied with, or to examine, weigh or count the same and make such reasonable charge therefor as they think fit: “Provided that the company shall not refuse to convey the parcels or articles of merchandise handed to them for conveyance as aforesaid without giving the person an opportunity of having them weighed or counted upon payment of a reasonable charge.”

In section three after the words “The word ‘toll’ shall include any rate or charge or other payment payable under the special Act” there shall be inserted the words “or fixed by the Minister under the provisions of the Transport Act, 1944.”

In section ninety-eight for the words “number or quantity of goods conveyed by any such carriage” there shall be substituted the words “full name and address of the consignee and such particulars of the nature, weight (inclusive of packing), and number of parcels or articles of merchandise handed to the company for conveyance as may be necessary to enable the company to calculate the charges therefor.”

The following subsection shall be added at the end of section ninety-eight:—

“(2) The company shall be entitled to refuse to convey any merchandise delivered to them for conveyance as aforesaid in respect of which the foregoing provisions of this section have not been complied with, or to examine, weigh or count the same and make such reasonable charge therefor as they think fit

“Provided that the company shall not refuse to convey the parcels or articles of merchandise handed to them for conveyance as aforesaid without giving the person an opportunity of having them weighed or counted upon payment of a reasonable charge.”

17 & 18 Vic., c. 31

The Railway and Canal Traffic Act, 1854.

In section seven, for the words “for any horse fifty pounds, for any neat cattle per head fifteen pounds, for any sheep or pigs per head two pounds” there shall be substituted the words “for any horse one hundred pounds, for neat cattle per head fifty pounds, for any other animal five pounds.”

ISB Act 1944-12-08

Schedule 10 TRANSPORT ACT, 1944 Open official source

TENTH SCHEDULE. Maximum Canal Charges.

Maximum Canal Charges.

Part I.

The Grand Canal.

The maximum rates, tolls, dues and charges specified in the Schedule to the Canal Rates, Tolls and Charges, No. 11 (Grand Canal) Order, 1894, (which said Order was confirmed by the Canal Rates, Tolls and Charges, No. 11 (Grand Canal) Order Confirmation Act, 1894), increased by—

(a) as respects each rate or charge specified in the said Schedule in respect of returned empties, one hundred and fifteen per cent.,

(b) as respects each rate or charge specified in Part I of Table A of the said Schedule, one hundred and twenty-five per cent.,

(c) as respects each toll or wharfage charge in Part II of the said Table A, one hundred and ten per cent.,

(d) as respects each additional charge per parcel specified in Part IV of the said Table A, one hundred and twenty per cent.

Part II.

The Royal Canal.

The maximum rates, tolls, dues and charges specified in the Schedule to the Canal Tolls and Charges No. 10 (Lagan, etc., Canals) Order, 1894 (which said Order was confirmed by the Canals Tolls and Charges No. 10 (Lagan, etc., Canals) Order Confirmation Act, 1894), and applicable to the Royal Canal increased, except as regards the exceptional charges mentioned in Part II of the said Schedule, by one hundred and twenty-five per cent.

Part III.

The River Shannon Navigation.

The maximum rates, tolls, dues and charges specified in the Schedule to the Canal Tolls and Charges No. 10 (Lagan, etc., Canals) Order, 1894 (which said Order was confirmed by the Canals Tolls and Charges No. 10 (Lagan, etc., Canals) Order Confirmation Act, 1894), and applicable to the River Shannon Navigation increased, except as regards the exceptional charges mentioned in Part II of the said Schedule, by one hundred and twenty-five per cent.

TRANSPORT ACT, 1944

Table of Provisions (10)

Statutory Text (10 Articles)

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