The Management Services Board (Repeal) Act 2011

Link to law: http://www.parliament.gov.zm/node/3268

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Management Services board bill
THE MANAGEMENT SERVICES BOARD (REPEAL)
ACT, 2011

ARRANGEMENT OF SECTIONS

1. Short title and commencement

2. Interpretation

3. Winding up affairs of Board

4. Vesting of assets and transfer of liabilities

5. Registration of property

6. Transfer of staff of Board

7. Legal proceedings

8. Repeal of Cap. 264

Management Services Board (Repeal) [No. 5 of 2011 67

Section

Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K3,000 each.

68

BILL
ENTITLED

An Act to repeal the Management Services Board Act, 1981.

[15th April, 2011

ENACTED by the Parliament of Zambia.

1. This Act may be cited as the Management Services Board
(Repeal) Act, 2011, and shall come into operation on such date as
the Minister may, by statutory instrument, appoint.

2. In this Act, unless the context otherwise requires—

“ appointed date ” means such date as the Minister shall
appoint under section one;

“ Board ”means the Management Services Board established
under section three of the repealed Act; and

“ repealed Act ” means the Management Services Board
Act, 1981.

3. The Minister shall, where the Minister is satisfied that all
necessary agreements and arrangements have been made for the
winding up of the affairs of the Board, by statutory instrument,
order that the Board be dissolved on such date as may be appointed
in the statutory instrument.

4. (1) There shall be transferred to, and vest in, or subsist
against, the Government by virtue of this Act, without further
assurance, the affairs of the Board and subject to this Act, all
property, rights and obligations which immediately before the
appointed date were the property, rights and obligations of the Board.

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

Enactment

Short title and
commencement

Winding up of
affairs of
Board

Vesting of
assets and
transfer of
liabilities

Cap. 264

Act No. 8 of
1981

Management Services Board (Repeal) [No. 5 of 2011 69

Interpretation

GOVERNMENT OF ZAMBIA

ACT
No. 5 of 2011

Date of Assent:12th April, 2011

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

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

(c) for any reference to an officer of the Board 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 Government as the Government shall
designate.

(3) Subject to subsection (2), documents, other than those
referred to therein, which refer specifically or generally to the Board
shall be construed in accordance with subsection (2), as far as
applicable.

5. (1) Where in pursuance of this Act, any property, rights,
liabilities or obligations of the Board are transferred by the Board
to the Government in respect of which transfer any written law
provides for registration, the Government shall make an application,
in writing, to the appropriate registration authority for the registration
of such transfer.

(2) The registration authority referred to in subsection (1) shall
make such entries in the appropriate register as shall give effect to
such transfer and, where applicable, issue the Government with a
certificate of title in respect of the property or make necessary
amendments to the register, as the case may 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.

6. (1) A person who—

(a) on the appointed date was employed by the Board shall
be transferred to the Government for re-deployment; or

(b) is employed on contract and does not wish to be
transferred to the Government shall have their
employment terminated by the Government according
to the terms and conditions of the contract.

Registration
of property

Transfer of
staff of
Board

70 No. 5 of 2011] Management Services Board (Repeal)

(2) An employee of the Government who was seconded to
the Board from the Government or who served with the Board but
was not seconded by the Government shall —

(a) be retained by the Government and shall be re-deployed
in the service of the Government; or

(b) be retired under section thirty-nine of the Public Service
Pensions Act.

(3) Where an employee of the Board is transferred to the
Government, the salary with the Government shall not be less
favourable than that enjoyed by the person in the service of the
Board and for purposes of determining any right to gratuity or any
pension benefit, the service of the employee with the Government
shall be rendered as continuous service.

(4) A person who is deemed to have retired under paragraph
(b) of subsection (2) shall be entitled to be paid all retirement benefits
which the person would have been paid if the person had voluntarily
retired in accordance with the terms and conditions of service of
the Board.

(5) The provisions of this section shall not apply to a person
who is employed by the Board as a daily paid employee.

7. (1) 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
from the appointed date, have the same rights as to the instituting
or defending of legal proceedings or the making or resisting of
applications to any authority for ascertaining or perfecting that right,
liability or obligation as they would have if it had at all times been a
right, liability or obligation of the Government.

(2) Any legal proceedings or application pending immediately
before the appointed date against the Board may be continued by,
or against, the Government.

(3) Proceedings in respect of any right, liability or obligation
which was vested in, held, enjoyed, incurred or suffered by the
Board may be instituted by, or against, the Government.

8. The Management Services Board Act, 1981, is hereby
repealed.

Cap. 260

Legal
proceedings

Repeal of
Cap. 264
Act No. 8 of
1981

Management Services Board (Repeal) [No. 5 of 2011 71

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