Prices and Incomes Commission (Dissolution) Act, 1993

This section is about winding up the Commission’s affairs and dissolving it.

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Jurisdiction: Zambia
Instrument: Act or statute
Citation: Act 20 of 1993
Version: 30 Apr 1993
Language: en
Official source: View official record ↗

asset transfer compliance dissolution document construction employee transfer fees government litigation continuity registry filings repeal retirement benefits salary continuity

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Statute overview

About this statute

This section is about winding up the Commission’s affairs and dissolving it. This section concerns the vesting of the Commission’s assets and liabilities in Government. Section 5 is titled “Registration of property to be transferred by Commission.” This section is headed “Repeal” and also includes text saying the Minister must, by statutory instrument, order the Commission dissolved once satisfied the winding-up arrangements are complete. On the appointed date, the Commission’s property, rights, liabilities, and obligations transfer to the Government.

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Legal text

Provisions of Prices and Incomes Commission (Dissolution) Act, 1993

Showing 9 of 9

3
(1) From the commencement of this Act the Commission shall
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AI-assisted research summary: This section is about winding up the Commission’s affairs and dissolving it.

3. Winding-up of affairs of Commission and its dissolution
4
Vesting of assets and liabilities of Commission in
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AI-assisted research summary: This section concerns the vesting of the Commission’s assets and liabilities in Government.

4. Vesting of assets and liabilities of Commission in Government
5
Registration of property to be transferred by Commission
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AI-assisted research summary: Section 5 is titled “Registration of property to be transferred by Commission.”

5. Registration of property to be transferred by Commission
8
Repeal
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AI-assisted research summary: This section is headed “Repeal” and also includes text saying the Minister must, by statutory instrument, order the Commission dissolved once satisfied the winding-up arrangements are complete.

8. Repeal ji Single copies of tms Act may be obtained from the Governmenl Primer, P.O. Box 30136, 10100 Lusaka. Price K70.00. . .. j 78 No. 20 of 1993] Prices and Incomes Commission (Dissolution) (4) When tile Minister is satisfied that all necessary agreements and arrangements have been made for the winding-up of the affairs of the Commission so that it may be dissolved.he shall, by statutory instrument, order that the Commission shall be dissolved on such date as may be appointed in the.statutory instrument. Vesting of assets and lia bilities of Commission in Government
4
(1) Subject to the other provisions of this Act, there shall, on
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AI-assisted research summary: On the appointed date, the Commission’s property, rights, liabilities, and obligations transfer to the Government.

4. (1) Subject to the other provisions of this Act, there shall, on the appointed date, be transferred to, and vest in, the Government, by virtue of this Act and without further assurance, all property, rights, liabilities and obligations which immediately before the appointed date were property, rights, liabilities and obligations of the Commission. (2) Subject as hereinafter provided, every deed, bond or agree ment (other than an agreement for personal service) to which the Commission was a party immediately before the commencement of this Act, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations thcrcunder·could be assigned, shall, unless its subject-matter or terms make it impos sible that it should have effect as modified in the manner provided by this subsection, have effect as from the date of the assignment thereof, as if- ( a) the Government had been a party thereto; (b) for any reference to the Commission there were substi tuted, as respects anything falling. to be done on or after the commencement of this Act, a reference to the Government; (c) for any reference to any officer of the Commission not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done on or after the commencement of this Act, a reference to such officer of the Government as the Government shall designate. (3) Subject to the provisions of subsection (2), documents, other than those referred to therein, which refer specifically or generally to the Commission shall be construed in accordance with the said subsection, as far as applicable. Registration of property to be transferred b Jommission
5
Whenever in pursuance of this Act, any property, rights,
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AI-assisted research summary: If property, rights, liabilities, or obligations are treated as transferred under this Act and the transfer must be registered, the Commission must apply in writing for registration, and the registrar must record the transfer and may issue or amend title documents as needed. No registration fees, stamp duty, or other duties are payable.

5. Whenever in pursuance of this Act, any property, rights, liabilities and obligations of the Commission are deemed trans ferred in respect of which transfer any written law provides for registration, the Commission shall make an application in writing to the proper officer of the appropriate registration authority for the Prices and Incomes Commission (Dissolution) [No. 20 or 1993 79 registration of such transfer, and such officer shall make such entries in the appropriate register as shall give effect to such transfer and, where applicable, iSS".ie to the transferee concerned a certificate of title in respect of the said property or make necessary amend ments to the register, as the case may be, and if presented therefor, make endorsement on the. deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof.
6
(I) Any person who immediately before the dissolution of Employees
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AI-assisted research summary: Some Commission employees may transfer to Government; those who do not want to transfer must give written notice within three months after dissolution, and transferred employees keep no less favorable pay and continue service for certain benefits.

6. (I) Any person who immediately before the dissolution of Employees the Commission was working for the Commission may voluntarily iransferfrom the Commission to the Government (2) Any·pcrson who is eligible to transfer under subsection (I) shall be deemed. to have transferre·d to the Government unless within three months after the dissolution of the Commission he gives notice in writing to the Government of his intention not to transfer from the service of the Commission. (3) Any person to whom subsections (I) and (2) apply shall be deemed to have voluntarily retired from the service of the Commis sion from the date of his notification to the Government of his intention not to transfer. (4) Any person who is deemed to have retired under subsection (3) shall be entitled to be paid all retirement benefits which he would have beel) paid if he had voluntariJy retired in accordance with the relevant rules and conditions of the Commission. (5) The salary of an employee transferred to the service of the Government in accordance witl) subsections (1) and (2), shall be no less favourable than those which were applicable to him immedi ately before the transfer; and for the.purposes of determining any right 10 grat11ity or any oth�r superannuation benefit, the service of the employee with the Government shall be regarded as continuous with the service immediately preceeding the transfer.
7
· (I) Without prejudice to the other provisions of this Act
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AI-assisted research summary: If rights, liabilities, or obligations pass to the Government under the Act, the Government and everyone else keep the same rights and remedies for enforcing them. Pending or later proceedings involving the Commission may continue or be brought by or against the Government.

7. · (I) Without prejudice to the other provisions of this Act where ·any right, liability or obligation vests in the Government by virtue of this Act, the Government and all other persons shall, as fr.Pm the commencement of this Act, have the same rights, powers and temedies (and in particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforc ing that right, liability or obligation as theywould have had if it had at all times been a right, liability or obligation of the Government. Legal proceedings 80 No. 20 of 1993) Prices and Incomes Commissi(!n (Dissolution) (2) Aiiy'legal j:>rocecdings'Or application to any authority pend ing immediately before the commenccmentoflhis Act by or-against the Commission may be continued by or against the Government. (3) Afle�th� co�m;n��c�;-�f ;h;; Act prci�ce�ings in. respe�t of any right, liability or obHgatipn ·whic� was ves.ted Iri, held, enjoyed, incurred or suffered by, the Comrµission ma:y be institute<! by or against_ th_e Government. Repeal or Act No. 9 or 1981
8
· The Prices and Incomes Cominission Act, 198 ],,.shall stand
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AI-assisted research summary: This provision says the Prices and Incomes Commission Act is repealed on the appointed date.

8. · The Prices and Incomes Cominission Act, 198 ],,.shall stand repealed on .the appointed. date.

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Prices and Incomes Commission (Dissolution) Act, 1993

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