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Short title.
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1. This Act may be cited as the Roads (Transfer of Control) Act.
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Dissolution of Provincial and District Committees
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2. Every Provincial Committee and every District Committee constituted under the Thoroughfares Ordinance (prior to its amendment by this Act. (Amendments incorporated in the Thoroughfares Ordinance) shall on the 1st day of April, 1951, be dissolved.
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Transfer of property, rights, obligations, & c.
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3.
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(1) All property movable or immovable whatsoever belonging to, vested in, or under the control of, any Provincial or District Committee shall with effect from the 1st day of April, 1951, be transferred to and held by the Government.
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(2)All moneys held by or in the possession of any such committee immediately prior to the 1st day of April, 1951, shall on that date be paid into the Consolidated Fund.
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(3)All debts, liabilities, obligations and contracts of any such committee outstanding or subsisting on the 1st day of April, 1951, shall be deemed to be debts, liabilities, obligations and contracts of the Government.
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(4)All deeds, bonds, securities and other instruments executed or issued by or in favour of any such committee and in force or enforceable on the 1st day of April, 1951, shall be deemed to have been executed or issued by or in favour of the Government.
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(5)All actions or other legal proceedings instituted or which might have been instituted by or against any such committee on the 1st day of April, 1951, may, subject to the provisions of any other written law, be continued or instituted by or against the Government.
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(6)All decrees or orders made by any competent court in favour of or against any such committee prior to the 1st day of April, 1951, shall be deemed to have been made in favour of or against the Government.
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Provision for transfer of officers continuance of pensions, & c.
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4.
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(1) Where any person holding a pensionable appointment under any Provincial or District Committee is appointed to any transfer of post in the service of the Government with effect from the 1st day of April, 1951, or any later date –
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(a)each pensionable appointment held by him under any such committee shall be deemed, for the purposes of the Minutes on Pensions, to have been a permanent office in the service of the Island separately provided for in the Estimates and declared to be pensionable by notification published in the Gazette, and
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(b)each post held by him in the service of the Government on or after that date shall, while it is held by him, be deemed, for the purposes of the Minutes on Pensions, to be a permanent office in the service of the Island separately provided for in the Estimates and declared to be pensionable by notification published in the Gazette.
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(2) All pensions, gratuities and retiring allowances which, but for the dissolution by this Act of Provincial and District Committees, should have been payable by any such committee under the rules made under the repealed section 19(This is a reference to the section 19 which was repealed by Act No. 11 of 1951) of the Thoroughfares Ordinance to any retired officer or servant of the committee shall continue to be payable out of the Consolidated Fund upon the like terms and conditions as are provided in such rules; and such rules shall accordingly be deemed to continue in force for the purposes of this subsection.
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(3) Where any person who –
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(a) having been the holder of a non-pensionable office under any Provincial or District Committee; or
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(b) having been a daily-paid employee of any Provincial or District Committee,
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is, with effect from the 1st day of April, 1951, or any later date, appointed to any post in the service of the Government or employed by the Government as a daily-paid employee, the period of service of that person in such non-pensionable office or as a daily-paid employee, as the case may be, shall be deemed for the purposes of the Minutes on Pensions to have been non-pensionable or daily-paid service under the Government.
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Provisions relating to retirement from the service of the Government of officers who before their appointment to that service held appointments under Provincial or District Committees.
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4A. Where any person –
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(a)who before the 1st day of April, 1951, held a pensionable appointment under any Provincial or District Committee, or
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(b)who before the appointed date held any appointment under any Provincial or District Committee while being a member of the Local Government service and who would have been eligible for a pension under the Local Government Service Pension Scheme Regulations, 1952, if he had continued to be a member of the Local Government service when such regulations came into force, is appointed to any post in the service of the Government with effect from the 1st day of April 1951, or any later date, he may retire from the service of the Government within such period as shall be determined by the Minister of Transport and Works with the concurrence of the Minister of Finance and be notified in the Gazette and such person shall, retired on the ground of abolition of office, and accordingly section 7 of the Minutes on Pensions shall apply to him.
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Savings for licences and surveys
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5. All licences granted and surveys made under the Savings for Thoroughfares Ordinance prior to the 1 st day of April, 1951, by or under the authority of any Provincial or District Committee shall be deemed to have been granted or made by or under the authority of the Director of Highways or a Director of Works or the appropriate officer of the Department of Highways or the Department of such Director of Works and shall have effect accordingly.
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