CHAPTER 146
NATIONAL COLLEGE FOR MANAGEMENT STUDIES (REPEAL) ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Interim arrangements

   4.   Secretary to the Treasury to appoint committee

   5.   Vesting of assets and liabilities

   6.   Registration of property to be transferred by Council

   7.   Legal proceedings

   8.   Staff of Council

   9.   Repeal of Act No. 21 of 1972

AN ACT

to repeal the National College for Management and Development Studies Act, 1972; and to provide for matters connected with or incidental to the foregoing.

[28th September, 2005]

Act 18 of 2005.

 

1.   Short title

This Act may be cited as the National College for Management and Development Studies (Repeal) Act.

 

2.   Interpretation

In this Act unless the context otherwise requires—

“appointed date” means such date as the Minister may appoint under section 3;

“College” means the National College for Management Development Studies established under the repealed Act;

“Council” means the Council for the National College for Management and Development Studies established under the repealed Act;

“public university” has the meaning assigned to it by section 2 of the University Act;

“repealed Act” means the National College for Management and Development Studies Act;

“Secretary to the Treasury” means the Secretary to the Treasury appointed under section 6 of the Public Finance Act; and

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“University Council” means the council of the public university to be established by the Minister under section 3 of the University Act.

 

3.   Interim arrangements

   (1) Notwithstanding anything to the contrary contained in the National College for Management and Development Studies Act, or any other written law, from the commencement of this Act the Council shall act in all matters in accordance with the directions of the Minister and the Secretary to the Treasury.

   (2) When the Minister is satisfied, on the advice of the Secretary to the Treasury, that all necessary arrangements have been made for converting the College into a public university so that the Council may be dissolved, the Minister may, by statutory instrument, direct that the Council shall be dissolved on such date as may be appointed in the statutory instrument.

 

4.   Secretary to the Treasury to appoint committee

The Secretary to the Treasury shall appoint a committee pursuant to section 43 of the Public Finance Act for purposes of winding up the affairs of the Council.

 

5.   Vesting of assets and liabilities

   (1) Notwithstanding anything to the contrary contained in the National College for Management and Development Studies Act, or any other written law, the Council shall until the appointed date have power, subject to the direction of the Minister and the Secretary to the Treasury, to do anything which is necessary or expedient for the purpose of converting the College into a public university, including in particular power to enter and carry out agreements and arrangements for the transfer of the Council’s undertaking, property, rights, liabilities and obligations to the University Council.

   (2) On the appointed date, there shall be transferred to, and vest in, or subsist against, the University Council of this Act without further assurance the affairs of the Council and subject to this Act, all property, rights and obligations which immediately before the appointed date were the property rights and obligations of the Council.

   (3) Subject to the provisions of this Act, every deed, bond and agreement (other than an agreement of personal service) which was subsisting immediately prior to the appointed date and was vested in the Council or to which the Council was a party, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations thereunder could assigned, shall, unless its terms and subject matter make it impossible that it should have effect as modified in the manner provided by this sub-section, have effect from the appointed date, as if—

      (a)   the University Council had been a party to any such deed, bond or agreement instead of the Council and in the same manner as if the University Council had at all times been entitled to the benefit of any such deed, bond or agreement instead of the Council;

      (b)   for any reference to the Council there were substituted, as respects anything falling to be done on or after the appointed date, a reference to the University Council; and

      (c)   for any reference to an officer of the Council not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done on or after the appointed date, a reference for such officer of the University Council as the University Council shall designate.

   (4) Subject to the provisions of sub-section (3), documents, other than those referred to therein, which refer specifically or generally to the Council shall be construed in accordance with sub-section (3) as far as applicable.

 

6.   Registration of property to be transferred by Council

   (1) Whenever in pursuance of this Act, any property, rights, liabilities or obligations of the Council are transferred to by the Council to the University Council in respect of which transfer any written law provides for the registration of such transfer.

   (2) The registration authority referred to in sub-section (1) shall make such entries in the appropriate register as shall have effect to such transfer and, where applicable, issue the University Council with a certificate of title in respect of the property or make necessary amendments to the register, as the case be, and shall make endorsement on the deeds relating to the title, right or obligation concerned and no registration or other fees shall be payable in respect thereof.

 

7.   Legal proceedings

   (1) Without prejudice to the other provisions of this Act, where any right, liability or obligation vests in the University Council by virtue of this Act, the University Council and all other persons shall, as from the appointed date, have the same right, powers and remedies (and in particular the same rights as to the instituting or defending of legal proceedings to any authority) for ascertaining, perfecting that right, liability or obligation of the University Council.

   (2) Any legal proceedings or application of any authority pending immediately before the appointed date or against the Council may be continued by or against the University Council.

   (3) After the appointed date, proceedings in respect of any right, liability or obligations which was vested in, held, enjoyed, incurred or suffered by the Council may be instituted by or against the University Council.

 

8.   Staff of Council

   (1) On or after the appointed date, the University shall, on such terms and conditions as it may determine, appoint as staff of the public university such officers of the Council as may be necessary for the performance of the functions of the public university.

   (2) Where an officer of the Council is appointed to the service of the public university—

      (a)   the terms and conditions of service with the University Council shall be no less favourable than those the officer enjoyed in the service of the Council; and

      (b)   the officer shall be deemed to have retired under the terms and conditions of service of the Council.

   (3) Employees of the Council who are engaged by the University Council under sub-section (2) shall be retired under the terms and conditions of service of the Council.

 

9.   Repeal of Act No. 21 of 1972.

The National College for Management and Development Studies Act, 1972, is hereby repealed.


 
 

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