Central Mechanical Equipment Department (Commercialisation) Act, 2000 22 17

Link to law: http://www.parlzim.gov.zw/acts-list/central-mechanical-equipment-department-commercialisation-act-2000-22-17

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ARRANGEMENT OF SECTIONS

Section

1. Short title.

2. Interpretation.

3. Formation of company.

4. Objects of the company.

5. Initial shareholding in company.

6. Transfer of certain assets and obligations of State to company.

7. Engagement by company of certain employees of State.

ACT

To provide for the formation of a company to take over the functions, assets,

liabilities and staff of the Central Mechanical Equipment Department in the Ministry

of Transport and Energy and to provide for matters connected with or incidental to

the foregoing.

Commenced: 22nd December 2000

ENACTED by the President and the Parliament of Zimbabwe.

1 Short title

This Act may be cited as the Central Mechanical Equipment Department

(Commercialisation) Act, 2000.

2 Interpretation

In this Act-

"company" means the company formed for the purposes referred to in section three;

"Department" means the Central Mechanical Equipment Department of the Ministry

of Transport and Energy;

"Minister" means the Minister of Transport and Communications or any other

Minister to whom the President may, from time to time, assign the administration of

this Act;

"transfer date", in relation to any asset or right, means the date fixed in terms of

subsection (1) of section six for the transfer of that asset or right from the State to the

company.

3 Formation of company

The Minister shall take such steps as are necessary under the Companies Act [Chapter

24:03] to secure the formation of a company limited by shares, which company shall,

subject to this Act, take over the functions, assets, liabilities and staff of the

Department:

Provided that, if such a company has been incorporated for the purpose before the

date of commencement of this Act, the Minister may, by notice to the company,

direct that that company shall be the company for purposes of this Act.

4 Objects of the company

(1) The objects of the company shall be¾¾

(a) to provide and operate transport services; and

(b) to provide plant and equipment for the construction of roads, dams,

TITLE 22 bridges and other infrastructure; and

(c) to perform any other function set out in its memorandum of

association.

(2) In the performance of its functions, the company shall give priority to serving the

needs of the State, to the extent that it is compatible with sound business practice to

do so.

5 Initial shareholding in company

(1) All the members of the company on its incorporation shall be persons nominated

by the Minister with the approval of the Minister responsible for finance, and shall

hold their shares on behalf of the State.

(2) Any person so appointed to hold shares shall do so nominally as an agent for the

State.

6 Transfer of certain assets and obligations of State to company

(1) The assets and rights of the State which¾¾

(a) immediately before the date of commencement of this Act, were used

or otherwise connected with the functions of the Department; and

(b) are specified by the Minister with the approval of the Minister

responsible for finance;

together with any liabilities or obligations attaching to them, shall be transferred to

the company with effect from such date and on such terms and conditions, whether

relating to payment or otherwise, as the Minister may specify by written notice to the

company:

Provided that¾¾

(i) the Minister may specify different dates for the transfer of different

assets and rights;

(ii) this subsection shall not be construed as preventing the Government

from leasing any of the State's assets to the company or otherwise permitting the

State to use any such assets, on such terms and conditions as may be agreed between

the parties concerned.

(2) On the relevant transfer date, every asset and right of the State which the Minister

has directed shall be transferred to the company, together with any liability or

obligation attaching to it, shall vest in the company, subject to any terms and

conditions specified by the Minister in terms of subsection (1).

(3) All bonds, hypothecations, deeds, contracts, instruments, documents and working

arrangements which subsisted immediately before the relevant transfer date in

relation to any asset, right, liability or obligation transferred to the company under

this section and to which the State was a party shall, on and after that date, be as fully

effective and enforceable against or in favour of the company as if, instead of the

State, the company had been named therein.

(4) It shall not be necessary for the Registrar of Deeds to make any endorsement on

title deeds or other documents or in his registers in respect of any immovable

property, right or obligation which vests in the company under this section, but the

Registrar of Deeds, when so requested in writing by the company in relation to any

particular such property, right or obligation, shall cause the name of the company to

be substituted, free of charge, for that of the State on the appropriate title deed or

other document or in the appropriate register.

(5) Any cause of action or proceeding which existed or was pending by or against the

State immediately before the relevant transfer date in respect of any asset, right,

liability or obligation which vests in the company under this section, may be enforced

or continued, as the case may be, by or against the company in the same way that it

might have been enforced or continued, as the case may be, by or against the State

had this Act not been passed.

(6) Subsection (5) shall not apply to any cause of action or proceedings existing or

pending immediately before the relevant transfer date between the State and a person

employed by the State.

7 Engagement by company of certain employees of State

(1) Subject to the Public Service Act [Chapter 16:04] and to the consent of the

employees concerned, the company shall engage such of the persons who were

employed in the Department on the date of commencement of this Act as the Public

Service Commission, the Minister and the company's board of directors may

mutually agree.

(2) Persons engaged in terms of subsection (1)¾¾

(a) shall be engaged on such terms and conditions as the company's board

of directors may fix with the agreement of the persons concerned and after

consultation with the Public Service Commission:

Provided that such terms and conditions shall not be less than

that which the employee would be getting at the date of transfer:

(b) without derogation from paragraph (a), may be permitted to continue

contributing towards a pension in terms of the Public Service (Pensions) Regulations,

1992 (Statutory Instrument 124 of 1992), or any other enactment, subject to such

terms and conditions as the Public Service Commission may fix with the approval of

the Minister, the Minister responsible for finance and the company's board of

directors.

(3) Terms and conditions fixed in terms of paragraph (b) of subsection (2) may

provide for¾¾

(a) payments by the company's board of directors to the Consolidated

Revenue Fund to compensate the State, wholly or partially, for pensions and other

benefits paid or payable to or in respect of persons engaged in terms of subsection

(1); and

(b) the application, non-application or modification of the Public Service

(Pensions) Regulations, 1992 (Statutory Instrument 124 of 1992), in regard to persons

engaged in terms of subsection (1).

(4) Notwithstanding any other provision of this Act, a person who¾¾

(a) as a member of the Public Service, was afforded an opportunity of

engagement by the company in terms of this section and declined to avail himself of

the opportunity; and

(b) subsequently left the Public Service and as a consequence became

entitled to pension benefits in respect of the abolition of his post;

shall not be engaged in any capacity by the company for a period of ten years from

the date on which he left the Public Service, unless the Minister and the Public

Service Commission consent to his engagement.