Malawi Act or statute

Malawi legislation

National Airline Act, 1967

air transportairline operationasset transfercivil aviationcorporate identitygazette noticegovernment appointmentsregulatory power

Jurisdiction: Malawi
Structure: 5 provisions
Citation: Act 23 of 1967
Official identity: Year 1967
Dates: Enacted 1967 · Source version 31 Dec 2014

More statute details

Official identity: Year 1967
Dates: Enacted 1967 · Source version 31 Dec 2014

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Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This section says the Act may be cited as the National Airline Act.”

This section says the Act may be cited as the National Airline Act. This section defines key terms used in the Act. The Minister must take steps, including asset and liability transfers if needed, to let Air Malawi operate independently, and must appoint by Gazette notice a date for that independent start. The Minister must appoint a Commissioner, and the Commissioner must follow the Minister’s directions while carrying out the role. The Minister may make regulations to carry out this Act, including rules about asset transfers, use of assets, exemptions, document endorsements, substitutions in instruments, enforcement, and transfer of functions.

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Enacted 1967 · Source version 31 Dec 2014. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Short title

This section says the Act may be cited as the National Airline Act.

Section 1

Interpretation

This section defines key terms used in the Act.

Section 2

Operation of national airline of Malawi

The Minister must take steps, including asset and liability transfers if needed, to let Air Malawi operate independently, and must appoint by Gazette notice a date for that independent start.

Section 3

Appointment of Commissioner

The Minister must appoint a Commissioner, and the Commissioner must follow the Minister’s directions while carrying out the role.

Section 4

Regulations

The Minister may make regulations to carry out this Act, including rules about asset transfers, use of assets, exemptions, document endorsements, substitutions in instruments, enforcement, and transfer of functions.

Section 5

Source and current-law status

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Source record from malawilii.org · Enacted 1967 · Source version 31 Dec 2014

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Showing 5 of 5 provisions

Short titleInterpretationCommencementProvision

§ 1Short titleShort title

This section says the Act may be cited as the National Airline Act.

1. Short title This Act may be cited as the National Airline Act.

Section 1Verify source

§ 2InterpretationInterpretation

This section defines key terms used in the Act.

2. Interpretation In this Act, unless the context otherwise requires— " Air Malawi " means Air Malawi Limited, a company incorporated in Malawi under the Companies Act; [Cap. 46:03] " the Corporation " means the Central African Airways Corporation established under Part IV of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963*. [G.N. 273/1963] " the Higher Authority " means the Higher Authority for Civil Air Transport constituted by the said Order in Council. * Part IV Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963 (G.N. 273/1963) has been revoked as respects Malawi. (See regulation 3 page 3 and G.N. 66/85.)

Section 2Verify source

§ 3Operation of national airline of MalawiCommencement

The Minister must take steps, including asset and liability transfers if needed, to let Air Malawi operate independently, and must appoint by Gazette notice a date for that independent start.

3. Operation of national airline of Malawi (1) The Minister shall take such steps, including the transfer to it of any assets and liabilities of the Corporation , as may be necessary to enable Air Malawi to operate as the national airline of Malawi independently of the Corporation . (2) The Minister shall, by notice published in the Gazette , appoint a date on which Air Malawi shall commence to operate independently of the Corporation .

Section 3Verify source

§ 4Appointment of CommissionerProvision

The Minister must appoint a Commissioner, and the Commissioner must follow the Minister’s directions while carrying out the role.

4. Appointment of Commissioner (1) The Minister shall appoint a Commissioner, who shall hold office for such period and on such terms and conditions as the Minister thinks fit. (2) The functions of the Commissioner shall be— (a) to carry out the functions of the Minister as a member of the Higher Authority or such body as is agreed between Malawi, Zambia and Southern Rhodesia will replace the Higher Authority ; (b) to represent the interest of Malawi at any meetings held in connexion with the dissolution of the Corporation ; and (c) such other functions as the Minister may from time to time direct. (3) In carrying out his functions under this section the Commissioner shall be subject to any special or general directions of the Minister.

Section 4Verify source

§ 5RegulationsSubstitution

5. Regulations The Minister may make regulations for the better carrying out of the purposes and provisions of this Act, and without prejudice to the generality of the foregoing such regulations may provide for— (a) the amendment of all or any of the provisions of the Central African Civil Air Transport Ordinance, the Air Services Act and the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963; [35 of 1963] [Cap. 70:02] [G.N. 273/1963] [66/1985] (b) the use by Air Malawi of all or any of the assets of the Corporation in Malawi; (c) the orderly transfer of the assets and liabilities of the Corporation to Air Malawi , and the corresponding authorities established in Zambia and Southern Rhodesia; (d) in connexion with the transfer of assets and liabilities to Air Malawi — (i) exemption from any stamp duty, fee of office or other charge; (ii) endorsement by the Deeds Registrar on the title deeds of any immoveable property so transferred and in his register; (iii) the substitution of Air Malawi for the Corporation in relation to any bond, charge, agreement, contract or other instrument; (e) the enforcement against or in favour of Air Malawi of— (i) any bond, charge, agreement, contract or other instrument against or in favour of the Corporation ; (ii) any right of action or proceedings by or against the Corporation ; (f) the transfer of any of the functions conferred on the Corporation or the Higher Authority by the laws referred to in paragraph (a), to any other person.

Section 5Verify source

Legislative relationships

1 referenced instrument

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A–F

1 instrument

Central African Civil Air Transport Ordinance
Section 5

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

31 Dec 2014 · currentEnglish

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