Postal Services Act, 1994

1 . (1) On the commencement of this Act, there shall be transferred to, and shall vest in or subsist against the Corporation by virtue of this Act and without f unher assurance- • ( a) such part of the undertaking of the Company as, i mmedi­ ately before the commencement of this Act, pertained to a postal service; and (b) all property, rights, liabilities and obligations that, imme­ diately before the commencement of this Act, were the property, rights, liabilities and obligations of the Company in relation to that part of its undcnaking. (2) Where any doubt or dispute arises as to whether any parti cular property, right, liability orcbligation v ested in or subsisting against the Company is so vested or subsists in relation to the part of its undertaking referred to in paragraph ( a) of subclause ( 1 ) or other­ wise, the Minister may, by statutory instrument. declare whether it is or is not v ested or docs or docs not subsist in relation to that part of its undertaking, and this clause shall apply accordingly. (3) For the purposes of subclause (2), any property, right, I iability or obligation that appears to the Ministcrto be vested in orto subsist against the Company both in relation to the part of ils undertaking referred to in paragraph ( a) of subclause ( 1 ) and in relation to some other part of iL� undertaking shall be taken to be the subject of a doubt or dispute of the kind mentioned in subclause (2). (4) Every deed, bond or agreement (other than an agreement for personal services) to which the Company was a party i mmediately bcf ore the com menccment of this Act, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations thereunder could be assigned, shall, if it related to the pan of the Company' s undertaking referred to in paragraph (a) of subclausc ( 1), have effect as from the date of the assignment thereof, as if- (a) the Corporation had been a party thereto; (b) for any reference to the Company there were substituted, as respects anything falling to be done on or after the commencement of this Act, a reference to the Corpora­ tion; and (c) for any reference to any officer or employee of the Company not being a party thereto and beneficially interested therein there were subsistirutcd, as respects anything falling to be done on or after the commence­ ment of this Act, a reference to such postal officer as the CorporaLion shall designate. Postal Services LNo. 24 of 1994 25S ' . . . (5) Documents other than those referred to in subclausc (4) and which refer specifically or generally to the Company shall be construed in accordance with that subclause as far as applicable.

2. (1) Where- ( a) under this Schedule any property, rights, liabilities or obligations of the Company are transferred; and (b) in respect of the transfer, any written law provides for registration; the Company shall make application in writing to the appropriate registration authority for the registration of the transfer. (2) The relevant registration authority shall make such amend­ ments to the appropriate register, cancel such documents and do and attend to such other matters and things as seem to him necessary to give effect to or record the transfer and, where appropriate, shall- ( a) issue to the transferee concerned a ccnilicate of title in respect of any property affected by the transfer; and (b) on presentation thereof, make such endorsements as seem to him proper to be made on any deeds, documents or records relating to the ti lie right, liability or obligation concerned. (3) In default of compliance by the Company with subclause ( 1 ), or in default of such compliance within a reasonable time, the powers conferred by subclausc (2) on a registration authority may be exercised by that registration authority of his own motion. (4) No registration fee, stan1p duty or other duties shall be payable in respect of any transfer effected pursuant to this Schedule or anything done, made or issued in pursuance of this clause .

3. ( 1 ) The Corporation may approve of arrangement under which all or some of the persons who, before the commencement of this Act, were in the service of the Company in connection with that part of its undertaking that related to a postal service are transferred to the service of the Corporation, whether as postal officers or otherwise. (2) Where a person is transferred in accordance with arrange­ ments made under this clause to the service of the Corporation, his terms and conditions of service wit11 the Corporation shall be no less favourable than those he enjoyed while in the service of the Company, and for the purpose of determining his rights to or eligibility for any pension, gratuity, leave or other benefits, his previous service with the Company shall be treated as service with the Corporation. RegisLration of propcny lO be transferred by Company Terms of service of employees of Company upon transfer • 256 No. 24 of 1994) Postal Services Legal proceedings Saving of regulations, CIC,

4. WiLhouL prejudice to the other provisions of this Schedule, where any ri ghL, Ii abi 1 it y or obligation vests in or subsisLs against Lhe Corporation by virtue of this Schedule, the Corporation, and all olher persons affected thereby, shall, as from the commencement of this Act, have the same rights, powers and remedies (and in particular the same rights as to the instirution ordefcncc of any legal proceedings or LJ1c making or resisting of applications to any authorily) for ascertaining, perfecting or enforcing that right, liabil­ ity or obligation of the Corporation, as the case may be.

5. Notwithstanding the repeal of any provision of the Posts and Telecommunications Act, 1987, by this Act. any regulation or other sLatu10ry instrument made forlhe purposes ofLhc provision so repealed shall, with any necessary modifications, be deemed to have been made under and for the purposes of this Act.