Pharmaceutical Act, 2004

1. On the appointed date, refertnce in any written law or any other legal document to the Pharmacy and Poisons Board shall be read and construed as references to the Authority established by section three of this Act. 2, The Pharmacy and Poisons Board constituted pursuant to section three of the Pharmacy and Poisons Act shall, pending the appointment of the Board under this Act, continue in office for a period of three months from the appointed date.

3. (!) ·On or after the appointed date, there shall be transferred to, and vest in, or subsist against, the Authority by virtue of this Act and without further assurance-- ( a) the affairs of the Pharmacy and Poisons Board; and (b) subject to thi�Act, all property, rights and obligations which immediately before the appointed date were the property, rights and obligations of the Pharmacy and Poisons Board. • . . . .... - • • Pharmaceutical [No. 14 of 2004 127 (2) Except as provided in this Act, every deed, bond and agreement ( other than an agreement for personal service) to which the Government was a party immediately before the commencement of this Act in respect of the Pharmacy and Poisons Board, whether in writing ornot, and whether ornot of such a nature that rights, liabilities and obligations thereunder could be assigned, shall, unless its subject­ matter or tenns make it impossible that it should have effect as modified in the manner provided by this subsection, have effect as from the da\e of the assignment thereof, as if- ( a) the Authority had been a party thereto; (b) for any reference to the Government there were substituted, as respects anything falling to be done on or after the appointed date, a reference to the Authority; and (c) for any reference to any officer of the Pharmacy and Poisons Board not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done on or after commencement of this Act, or reference to such officer of the Authority as the Authority shall designate . (3) Subject to the provisions of subsection (2), documents, other than those referred to therein, which refer specifically or generally to the Pharmacy and Poisons Board shall be construed in accordance with subsection (2) as far as applicable.

3. ( 1) Where under this Act, any property, rights, liabilities and obligations of the Government through the Pharmacy and Poisons Board are deemed transferred to the Authority in respect of which transfer a written law provides for registration, the Authority shall make an application in writing to the appropriate authority for registration of the transfer. (2) The registration authority referred to in subsection {l) shall make such entries in the appropriate register as shall give effect to such transfer and, where applicable, issue to the transferee concerned 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 fees, stamp duty or other duties shall be payable in respect thereof.

4. (1) Without prejudice to the otherprovisions of this Act, where any right, liability or obligation vests in the Authority by virtue of this Act, the Authority and all other persons shall, as from the commencernentofthisAct,havethesamerights,powers andremeclies ( and in particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting that right, liability orobligation as they would have had if it had at all times been a right, liability or obligation of the Authority. Registration of property to be transferred by Government Legal proceedings 128 No. 14 of 2004) Pharmaceutical Tem1s of service of employees ofBoard Act No. 35 ofl 996 Act No. 35 ofl996 (2) Any legal proceedings or application of any authority pending immediately before the commencement of this Act by or against the Government in respect of the Pharmacy and Poisons Board may be continued by or against the Authority. (3) After the commencement of this Act, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Government in respect of the Pharmacy and Poisons Board may be instituted by or against the Authority.

5. (I) On or after the appointed date, the Authority shall on such terms and conditions as it may, with the approval of the Minister, determine appoint as officers of the Authority such employees of, or public officers from, the Pharmacy and Poisons Board as may be necessary for the performance of the functions of the Authority. (2) Where an officer from the Public Service is appointed to the service of the Authority- ( a) the terms and conditions of service with the Authority shall not be less favourable than those the officer enjoyed in the Public Ser'lice; and (b) the officer shall be deemed to have retired under section thirty-nine of the Public Service Pensions Act. (3) On or after the appointed date employ�es of the Pharmacy and Poisons Board who are not engaged by the Authority under subsection (2) shall be retained by the Government and shall- (a) be redeployed in the service of the Government; or (b) be retired under section thirty-nine of the Public Service Pensions Act. •