Institute For Advanced Studies Act, 1940
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Act—
the expression “the Minister” means the Minister for Education;
the expression “the Institute” means the Dublin Institute for Advanced Studies established by this Act;
the expression “Constituent School” means a school which forms part of the Institute and is established under this Act by an establishment order;
the expression “the Council” means the Council of the Institute;
the word “school” when used in the expression “Constituent School” or in relation to Constituent Schools generally includes any body or organisation adapted and suitable for the furtherance of advanced study and the conduct of research in a specialised branch of knowledge.
num: 2
paragraphs: —(1) There is hereby established an institute of higher learning which shall be styled and known as InstitiÃºid Ard-LÃ©ighinn Bhaile Ã?tha Cliath or (in English) the Dublin Institute for Advanced Studies, to fulfil the functions assigned to it by this Act.
(2) The Institute shall be a body corporate with perpetual succession and a common seal, and power to sue and be sued in its corporate name and to hold and dispose of land.
(3) The seat of the Institute shall be in the County Borough of Dublin.
num: 3
paragraphs: —(1) The functions of the Institute shall be to provide facilities for the furtherance of advanced study and the conduct of research in specialised branches of knowledge and for the publication of the results of advanced study and research whether carried on under the auspices of the Institute or otherwise.
(2) The facilities mentioned in the foregoing sub-section of this section shall be provided through and by means of Constituent Schools for different specialised branches of knowledge.
num: 4
paragraphs: —(1) As soon as conveniently may be after the passing of this Act, the Government shall establish, either simultaneously or successively, under this Act—
(a) a Constituent School to be known as Scoil an Leighinn Cheiltigh or (in English) the School of Celtic Studies, and
(b) a Constituent School to be known as Scoil na Fisice TeoiriciÃºla or (in English) the School of Theoretical Physics.
(2) Whenever it appears to the Government that it is in the public interest that a Constituent School (other than the Constituent Schools mentioned in the foregoing sub-section of this section) should be established for the furtherance of advanced study and the conduct of research in a particular specialised branch of knowledge and each House of the Oireachtas has by resolution approved of the establishment of such Constituent School, the Government may establish under this Act a Constituent School for the purposes aforesaid.
(3) Whenever it appears to the Government that it is in the public interest that a Constituent School (other than the Constituent Schools mentioned in the first sub-section of this section) should be disestablished and each House of the Oireachtas has by resolution approved of such disestablishment, the Government shall disestablish under this Act such Constituent School.
num: 5
paragraphs: —(1) The functions and duties of the School of Celtic Studies shall be the promotion of Celtic studies generally, and, in particular, but without prejudice to the generality of the foregoing—
(a) the investigation, editing, and publication of extant manuscript material in the Irish language;
(b) the grammatical, lexicographical, and philological study of Old, Middle, and Modern Irish;
(c) the phonetic investigation of existing Irish dialects and the recording of the living Irish speech;
(d) the collection and study of Irish place names;
(e) the study of Irish social history and of all branches of Irish history which require for their investigation a knowledge of the Irish language;
(f) the preparation and the recommendation to the Council for publication of works dealing with any of the subjects mentioned in any of the foregoing paragraphs of this sub-section and of other works calculated to promote a more general knowledge of the Celtic languages and of the literatures of those languages and of the cultural and social background of Celtic civilisation;
(g) the training of advanced students in the methods of research in any of the said subjects;
(h) the organisation of seminars, conferences, and lectures on the Celtic languages and on the literatures of those languages and, in particular, on matters of interest to students of the Irish language and of its literature;
(i) the provision of facilities for advanced study and research in Celtic studies for university professors and lecturers on leave of absence from their academic duties;
(j) the commissioning of competent scholars, whether associated or not associated with the Institute, to undertake, either with or without remuneration, the writing or the editing of works dealing with Celtic studies;
(k) the assistance of research in Celtic studies in other countries and the exchange with such countries of advanced students in those studies;
(l) such other functions and duties in relation to Celtic studies as may from time to time be decided on by the Governing Board of the School.
(2) The functions and duties of the School of Theoretical Physics shall be—
(a) the investigation of the mathematical principles of natural philosophy and the application of those principles to the physical and chemical group of sciences and to geophysics and cosmology;
(b) the training of advanced students in methods of original research in the said group of sciences and in geophysics and cosmology;
(c) the provision of facilities for advanced study and research in theoretical physics for university professors and lecturers on leave of absence from their academic duties;
(d) the organisation of seminars, conferences, and lectures on topics related to theoretical physics which lie on the frontiers of knowledge;
(e) the preparation and the recommendation to the Council for publication of descriptions of recent accessions to knowledge in the sphere of theoretical physics and in particular descriptions of such accessions resulting from the scientific activities of the School;
(f) the commissioning of competent scholars, whether associated or not associated with the Institute, to undertake, either with or without remuneration, the writing or the editing of works dealing with theoretical physics;
(g) such other functions and duties in relation to theoretical physics as may from time to time be decided on by the Governing Board of the School.
(3) Every Constituent School, other than the School of Celtic Studies and the School of Theoretical Physics, shall have such functions and duties as shall be assigned to it by the establishment order relating to it or by an order amending that order.
num: 6
paragraphs: —(1) Every Constituent School shall be established by means of an Order (in this Act referred to as an establishment order) made by the Government and complying with the provisions of this Act applicable thereto.
(2) A separate establishment order shall be made in respect of each Constituent School.
(3) The Government may, after consultation with the Governing Board of a Constituent School, by order amend the establishment order establishing such school, and may, by order made after the like consultation, amend any order made under this sub-section.
(4) A Constituent School which can lawfully be disestablished under this Act shall be disestablished by means of an order (in this Act referred to as a disestablishment order) made by the Government.
(5) A disestablishment order may contain all such provisions incidental to or consequential on the disestablishment of the Constituent School to which such order relates as shall appear to the Government to be necessary or proper.
(6) Every order made by the Government under any sub-section of this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House shall, within the next twenty-one days on which that House has sat after such order is laid before it, pass a resolution annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
num: 7
paragraphs: —Every establishment order shall contain, subject to the provisions of this Act, such provisions in relation to the regulation and conduct of the Constituent School thereby established as the Government shall think proper, and, in particular, shall provide for the following matters, that is to say:—
(a) the name by which such School shall be known;
(b) the functions and duties of such School in relation to the specialised branch of knowledge in respect of which such School is established;
(c) the management of such School by a Governing Board having power to direct and control the work of the School, to frame and carry out or provide for the carrying out of schemes of study and research, and to do such other things as may be necessary for the efficient conduct and working of the School;
(d) the constitution of such Governing Board as a board consisting of—
(i) a chairman appointed by the President on the advice of the Government, and (ii) certain members similarly appointed, and
(iii) the Senior Professors of the School;
(e) the term of office and removal of the members of such Governing Board;
(f) subject to the provisions of this Act, the appointment, term of office, and removal of Senior Professors of the School;
(g) the appointment and removal of professors, visiting professors, assistants, and other academic members of the staff of such School, and the admission and dismissal of students;
(h) the appointment of a Director of such School from amongst the Senior Professors of the School and the powers, duties, and period of office of such Director;
(i) the relations of such School and the Governing Board thereof with the Institute, and with the Minister and the Government;
(j) the presentation by the Governing Board of such School of an annual report of the work of the School.
num: 8
paragraphs: —(1) The Senior Professors of a Constituent School shall be appointed and removed by the President on the advice of the Government.
(2) The Governing Board of a Constituent School may at any time submit to the Minister a proposal for the appointment of a named person to be a Senior Professor of that School or for the removal from office of a particular Senior Professor of the School.
(3) Every proposal submitted under the next preceding sub-section of this section to the Minister shall be brought before the Government by the Minister and shall be considered by the Government.
(4) The numbers, salaries, tenure of office and other conditions of service of the Senior Professors of a Constituent School shall be such as the Government, on the recommendation of the Minister with the concurrence of the Minister for Finance, shall from time to time determine either generally or in respect of any particular Senior Professor.
(5) Notwithstanding anything contained in this section, the salary, tenure of office, and conditions of service at and on which a Senior Professor is appointed shall not be altered without his consent during his term of office and no Senior Professor shall be removed from his office in contravention of the terms on which he was appointed thereto.
num: 9
paragraphs: —(1) The body corporate of the Institute shall consist of the Council of the Institute.
(2) The general government of the Institute and the administration of the affairs thereof shall be vested in the Council.
(3) The first Council shall consist of a chairman and four other members all of whom shall be appointed by the President on the advice of the Government, and of the ex-officio members of the Council.
(4) The first Council shall be appointed as soon as conveniently may be after the passing of this Act and shall subsist until whichever of the following later happens and shall then cease, that is to say:—
(a) the expiration of one year from the passing of this Act, or
(b) the issue by the Taoiseach of a certificate in writing under his hand that the second Council has been duly appointed.
(5) Subject to the provisions of this section in relation to the first Council, the Council shall consist of one member (who shall be the chairman) appointed by the President on the advice of the Government, the ex-officio members of the Council, and two members from each Constituent School for the time being established.
(6) The members of the Council from a Constituent School shall be appointed by the Governing Board of such School from amongst their own members.
(7) At all times, at least one of the members of the Council from any particular Constituent School shall be a person who is a member of the Governing Board of such Constituent School by virtue of appointment and not by virtue of being a Senior Professor.
(8) Every quinquennial appointment of members of the Council shall be made and completed before the 30th day of June on which the terms of office of their predecessors expire.
num: 10
paragraphs: —The persons who, for the time being, occupy the following offices, namely:—
(a) President of University College, Dublin,
(b) Provost of Trinity College, Dublin, and
(c) President of the Royal Irish Academy,
shall be ex-officio members of the Council, and in this Act, the expression “the ex-officio members of the Council” shall be construed accordingly.
num: 11
paragraphs: —(1) Every member of the first Council (other than members thereof appointed to fill casual vacancies) shall, unless he sooner dies, resigns, or is removed, hold office until the date appointed by section 9 of this Act for the cesser of the first Council, but shall be eligible for reappointment.
(2) Every member of the Council (other than members of the first Council and members appointed to fill casual vacancies) shall, unless he sooner dies, resigns, or is removed, hold office either (as the case may require) from the date appointed by section 9 of this Act for the cesser of the first Council until the 30th day of June, 1945, or from the 30th day of June next after his appointment until the next following quinquennial anniversary of that date, and shall in every case be eligible for reappointment.
(3) Whenever a member of the Council appointed by the President dies, resigns, or is removed, the President, on the advice of the Government, shall appoint a person to fill the casual vacancy so occasioned.
(4) Whenever a member of the Council appointed by the Governing Board of a Constituent School dies, resigns, or is removed, such Governing Board shall appoint from amongst their own members a person to fill the casual vacancy so occasioned.
(5) Every person appointed to fill a casual vacancy in the membership of the Council shall, unless he sooner dies, resigns, or is removed, hold office for the remainder of the period for which the member whose death, resignation, or removal (as the case may be) occasioned such casual vacancy would have held office if he had not died, resigned, or been removed and shall then retire, but shall be eligible for reappointment.
(6) The provisions of this section shall not apply to ex-officio members of the Council.
num: 12
paragraphs: —(1) Any member of the Council (other than an ex-officio member of the Council) may, at any time, resign his office as such member by letter sent—
(a) in the case of a member appointed by the President, to the Taoiseach for submission to the President,
(b) in any other case, to the Governing Board of the Constituent School which appointed him.
(2) A member of the Council who resigns under this section shall send a copy of his letter of resignation to the Council, and his resignation shall take effect as from the beginning of the first meeting of the Council held after the expiration of one month, in the case of a member appointed by the President, from the receipt by the Council from the Taoiseach of a notification that such resignation has been accepted or, in any other case, from the receipt of the said copy by the Council.
(3) A member of the Council who has resigned under this section may, at any time before such resignation takes effect under the next preceding sub-section of this section, withdraw such resignation in the like manner as such resignation was made, including the sending of a copy of such withdrawal to the Council.
num: 13
paragraphs: —(1) The President, on the advice of the Government, may at any time remove any member of the Council appointed by him.
(2) The Governing Board of a Constituent School may, at any time, with the the consent of the Minister remove any member of the Council appointed by such Governing Board.
num: 14
paragraphs: —(1) The Council shall hold such and so many meetings and at such times as may be necessary for the discharge of its functions.
(2) Every question at a meeting of the Council shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of votes, the chairman of the Council or, if he is not present, the chairman of such meeting shall have a second or casting vote.
(3) The quorum for a meeting of the Council shall be a number equal to the total number of Constituent Schools for the time being in existence increased by one.
(4) The Council may act notwithstanding one or more vacancies in its membership.
(5) Subject to the provisions of this Act, the Council shall regulate by standing orders or otherwise the times of and mode of summoning its meetings and the procedure to be observed and the business to be transacted at its meetings.
num: 15
paragraphs: —(1) As soon as may be after the passing of this Act, the Council shall provide and retain in their possession a common seal for the Institute.
(2) The seal of the Institute shall, when affixed to any document, be authenticated by the signature of the chairman of the Council or some other member thereof authorised in that behalf by the Council and the counter-signature of the Registrar or some other officer of the Institute authorised in that behalf by the Council.
(3) All courts of justice shall take judicial notice of the seal of the Institute, and every document purporting to be sealed with the seal of the Institute and to be authenticated in accordance with this section shall, unless the contrary is proved, be deemed to have been duly and lawfully so sealed and shall, unless as aforesaid, be received in evidence without further proof and, in particular, without proof of any signature (including a counter-signature) affixed to such document for the purpose of such authentication and without proof of the office or authority of the person whose signature such signature purports to be.
num: 16
paragraphs: —(1) It shall be the duty of the Council from time to time, as occasion requires, to make provision for erecting or acquiring (whether by purchase or on lease or otherwise) and maintaining suitable buildings to house the Institute and the several Constituent Schools and for the accommodation in a suitable manner in such buildings of the staff of the Institute and of the several Constituent Schools.
(2) It shall be the duty of the Council to provide all such furniture, fittings, and equipment and all such other things whatsoever as are from time to time necessary for the efficient management and conduct of the Institute and the several Constituent Schools in accordance with this Act.
(3) The Council, in carrying out the duties imposed on them by sub-section (1) of this section, shall not provide for the erection or acquisition of any building without the approval of the Minister given with the concurrence of the Minister for Finance.
(4) Any buildings acquired or erected by the Council under this section which are not required for the purposes of the Institute or of any Constituent School may be leased by the Council to such persons for such term and upon such conditions as the Council, with the approval of the Minister given with the concurrence of the Minister for Finance, may determine, or may, with the like approval and concurrence, be sold or otherwise disposed of by the Council.
(5) There may be paid to the Institute, from time to time, out of moneys provided by the Oireachtas, grants of such amounts as the Minister with the concurrence of the Minister for Finance may consider necessary towards defraying the whole or any part of the capital cost of erecting or acquiring any building under this section, or adapting any such building for the purposes of the Institute or any Constituent School.
num: 17
paragraphs: —(1) The Council shall appoint an officer of the Institute who shall be known and is in this Act referred to as the Registrar.
(2) The Registrar shall be the chief executive officer of the Institute and shall perform such duties as are assigned to him by the Council or by this Act.
(3) It shall be the duty of the Registrar to act—
(a) as secretary to the Council, and
(b) as accountant to the Institute, and
(c) as registrar of each Constituent School, and
(d) as secretary to the Governing Board of each such School.
(4) The Registrar shall be paid such remuneration and shall hold office on such tenure and conditions as the Council shall, with the approval of the Minister given with the concurrence of the Minister for Finance, determine.
(5) No person holding the office of Registrar shall, while he holds that office, hold any other office or position, whether academic or non-academic, in the Institute or any Constituent School.
(6) No person shall be appointed to be Registrar under this section unless he satisfies the Council that he possesses such an oral and written knowledge of the Irish language as will enable him to use that language in the performance of his official duties.
num: 18
paragraphs: —(1) The Council shall appoint such and so many officers and servants for the Institute and such and so many clerical and other non-academic officers and servants for each of the Constituent Schools as they think proper, but subject, in regard to the numbers of such officers and servants, to the approval of the Minister given with the concurrence of the Minister for Finance.
(2) Every officer and servant appointed under this section shall be paid by the Council such remuneration and shall hold office by such tenure and on such conditions as the Council, with the approval of the Minister given with the concurrence of the Minister for Finance, shall determine.
(3) No person shall be appointed to be an officer or servant under this section unless he satisfies the Council that he possesses such an oral and written knowledge of the Irish language as will enable him to use that language in the performance of his official duties.
num: 19
paragraphs: —(1) It shall be the duty of the Council, as soon as conveniently may be after the passing of this Act, to prepare and submit to the Minister a scheme for the granting of pensions, gratuities, or other allowances on retirement to such Senior Professors and permanent whole-time members of the academic staff of the several Constituent Schools, and to such permanent whole-time officers of the Institute as the Council, with the approval of the Minister and the concurrence of the Minister for Finance, may determine.
(2) Any scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for Finance, be carried out by the Council in accordance with the terms thereof.
(3) The Council may at any time, with the approval of the Minister given with the concurrence of the Minister for Finance, amend any scheme under this section.
(4) The scheme submitted and approved of under this section shall fix the time and conditions of retirement for all persons to whom pensions, gratuities, or allowances on retirement are payable under the scheme, and different such times and conditions may be so fixed in respect of different classes of such persons.
(5) If any dispute shall arise as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision thereon shall be final.
(6) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is so approved of and if either House shall, within the next twenty-one days on which such House has sat after such scheme is laid before it, pass a resolution annulling such scheme, such scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
num: 20
paragraphs: —(1) Every appointment to a position (other than the position of Senior Professor) on the academic staff of a Constituent School shall be made by the Council on the request (with the approval of the Minister) of the Governing Board of such Constituent School, and no such appointment shall be made by the Council otherwise than on and in accordance with such request.
(2) Every removal from office of a pensionable, whole-time member (other than a Senior Professor) of the academic staff of a Constituent School shall be made by the Council on the request (with the approval of the Minister) of the Governing Board of such Constituent School, and no such removal from office shall be made by the Council otherwise than on and in accordance with such request.
(3) Whenever the Governing Board of a Constituent School requests (with the approval of the Minister) the Council to appoint a named person to a specified position (other than the position of Senior Professor) on the academic staff of such School or to remove from office a specified pensionable, whole-time member (other than a Senior Professor) of such staff, the Council shall make such appointment or removal (as the case may be) in accordance with such request.
(4) The numbers, remuneration, tenure, and conditions of employment of the members (other than the Senior Professors) of the academic staff of a Constituent School shall be such as shall from time to time be determined by the Governing Board of that School, with the approval of the Minister and the concurrence of the Minister for Finance.
num: 21
paragraphs: —(1) The chairman of the Council shall be entitled to attend every meeting of the Governing Board of a Constituent School and to take part in the discussions at such meeting and shall for that purpose be summoned to every such meeting and be sent the agenda and other documents circulated in relation to such meeting.
(2) Where the chairman of the Council attends by virtue of this section a meeting of the Governing Board of a Constituent School, he shall not be entitled to vote on any question decided at such meeting by a vote of the members of such Governing Board present at such meeting.
num: 22
paragraphs: —(1) It shall be the duty of the Council, on the recommendation of the Governing Board of a Constituent School, to provide for the publication, in the manner stated in such recommendation and at the expense of such Constituent School, of contributions to learning which are the results of study or research carried on either in or under the authority of such Constituent School, or independently thereof but in relation to subjects included in the functions and duties of such Constituent School.
(2) The Council may, if they so think fit, provide for the issuing of learned journals or other periodical publications and may provide for the inclusion therein of any such contributions to learning as are mentioned in the foregoing sub-section of this section.
(3) The Council may provide scholarships to be held in any of the Constituent Schools.
num: 23
paragraphs: —(1) It shall be the duty of the Council to make regulations providing, subject to the provisions of this Act, for the good government of the Institute and, subject to the relevant establishment order and this Act, for the good government of every Constituent School.
(2) No regulation made under this section shall have effect unless or until it is approved of by the Minister.
(3) No regulation shall be made under this section for the good government of a Constituent School save after consultation with the Governing Board of that School.
num: 24
paragraphs: —If the Governing Board of a Constituent School is dissatisfied with any action in relation to such Board or such School taken or proposed to be taken under this Act by the Council or with the refusal of the Council to take under this Act any such action, the said Governing Board may appeal to the Minister, and thereupon the Minister, with (in case such appeal relates to a matter of finance) the concurrence of the Minister for Finance, shall give his decision thereon, and such decision shall be final.
num: 25
paragraphs: —(1) In the financial year current at the passing of this Act and in every subsequent financial year, there shall be paid to the Institute out of moneys provided by the Oireachtas,—
(a) a grant towards the expenses of the administration of the Institute and the Constituent Schools of such amount as the Minister, with the concurrence of the Minister for Finance, shall in respect of such year determine, and
(b) a grant in respect of each Constituent School for the time being established of such amount as the Minister, with the concurrence of the Minister for Finance, shall in each such year determine.
(2) Moneys paid under paragraph (b) of the foregoing sub-section of this section to the Institute in respect of any particular Constituent School shall be applied by the Council for the purposes of that School only.
num: 26
paragraphs: —(1) The Institute shall have power to charge, receive, and recover fees for the admission of students to participate in any course of advanced study or research in a Constituent School.
(2) The amounts of the fees to be charged under this section in respect of any course shall be fixed by the Council after consultation with the Governing Board of the Constituent School in which such course is to be taken.
(3) Fees paid under this section in respect of any course shall be paid to the Council and shall be applied by the Council for the purposes of the Constituent School in which such course is taken.
num: 27
paragraphs: —(1) The Institute may accept from any person gifts of money, lands, or other property for the establishment of additional Constituent Schools, the foundation of professorships, lectureships, studentships, or scholarships, the erection of buildings, the endowment of research, or for any other purpose connected with the Institute, upon such trusts and conditions, if any, as may be specified by the person making the gift.
(2) The Institute shall not accept any gift, if the conditions attached by the donor to the acceptance thereof are such as to be inconsistent with the functions of the Institute.
(3) Gifts accepted by the Institute under this section in respect of a particular Constituent School shall be applied for the benefit of that School only, and all other gifts so accepted shall be applied in accordance with such scheme, approved by the Minister, as may be prepared by the Council after consultation with the Governing Board of each Constituent School.
(4) All gifts accepted by the Institute under this section shall be received and applied by the Council.
num: 28
paragraphs: —(1) It shall be the duty of the Council to administer the financial affairs of the Institute and of every Constituent School and for that purpose all moneys paid under this Act or otherwise to the Institute or to any Constituent School shall be paid to and received by the Council and all disbursements made by or on behalf of the Institute or a Constituent School shall be made by the Council.
(2) The Council shall keep, in such form as shall be approved of by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expended by them, and in particular shall keep in such form as aforesaid all such special accounts as the Minister of his own motion or at the request of the Minister for Finance shall from time to time direct.
(3) The accounts kept in pursuance of this section shall be submitted annually by the Council to the Comptroller and Auditor General for audit at such time as the Minister, with the concurrence of the Minister for Finance shall direct and the said accounts, when so audited, shall together with the report of the Comptroller and Auditor-General thereon be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.
num: 29
paragraphs: —(1) The Council shall, in every financial year, present to the Minister for submission to the Government a report of the work of the Institute and the Constituent Schools for the next previous financial year.
(2) There shall be included in every report submitted by the Council to the Government in pursuance of this section in respect of any financial year a copy of every report made to the Council in respect of that financial year by the Governing Board of a Constituent School in pursuance of the establishment order relating to such School.
(3) A copy of every report submitted by the Council to the Government in pursuance of this section shall be laid before each House of the Oireachtas by the Government.
num: 30
paragraphs: —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
num: 31
paragraphs: —This Act may be cited as the Institute for Advanced Studies Act, 1940.