Postal Services Act, 2009

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 further assurance- f ( a) such part of the undertaking of the Company as immediately before the commencement of this Act, pertained to a postal service; and (b) all property, rights, liabilities and obligations that immediately before the commencement of this Act, were the property, rights, liabilities and obligations of the Company in relation to that part of its undertaking. (2) Where any doubt or dispute arises as to whether any particular property, right, liability or obligations vested in or subsisting against the Company is so vested or subsists in relation to the part of its undertaking referred to in item (a) of sub-paragraph (!) or otherwise, the Minister may by statutory instrument, declare whether it is or is not vested or does or does not subsist in relation to that part of its undertaking, and this clause shall apply accordingly. (3) For the purposes of sub-paragraph (2), any property, right, liability or obligation that appears to the Minister to be vested in or subsist against the Company both in relation to the paI1 of its undertaking referred to in item (a) of sub- paragraph (!) and in relation to some other part of its undertaking shall be taken to be the subject of a doubt or dispute of the kind mentioned in sub­ paragraph (2). (4) Every deed, bond or agreement, other than an agreement for personal services, to which the Company was a party immediately before the commencement 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 part of the Company's undertaking referred to in item (a) of sub-paragraph (I), h_ave effect as from the date of the assignment thereof as if- (a) the Corporation had been a part 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 Corporation; and Postal Services [No. :.22 of 2009 345 (c) for any reference to any officer or employee of the Company not being a party thereto and beneficiary interested therein there were substituted, as respects anything fal l i n g to be done on or after the commencement of this Act, a reference to such postal officer as the Corporation shall designate. (5) Documents other than those referred to in sub-paragraph ( 4) and which refer specifically or generally to the Company shall be construed in accordance with that sub-paragraph as far as applicable.

2. ( I ) 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 amendments to the appropriate register, cancel such documents and do and attend to such other matters and things as seem to the . authority necessary to give effect or to record the transfer and, where appropriate shall- (a) issue to the transferee concerned a certificate ohitle in respect of any property affected by the transfer; and (b) on presentation thereof, make such endorsements as seem to the authority proper to be made on any deed, documents or records relating to the title, right, liability or obligation concerned. (3) In default of compliance by the Company with sub-paragraph ( I ) or in default of such compliance within a reasonable time, the powers conferred by sub-paragraph (2) on a registration authority may be exercised by that registration authority of its own motion ( 4) No registration fee or other duties shall be payable in respect of any transfer effected in pursuance to this part or anything dime, made or issued in pursuance of this section.

3. (!) For the avoidance of doubt, a person who before the commencement of this Act was an officer or employee of the Corporation, shall continue to be an officer or employee of the Corporation, as the case may be, as if appointed or employed under this Act. Registration of g�operty to transferred �mpany Employees of Corporation I, 346 No. 22 of 2009] Postal Services (2) The service of the persons referred to, in sub-paragraph (1) shall be treated as continuous service. (3) Nothing in this Act, affects the rights and liabilities of any person employed or appointed by the Corporation before the commencement of this Act.

4. Without prejudice to the other provisions of this Schedule, where any right, liability or obligation vests in or subsists against the Corporation by virtue of this Schedule, the Corporation, and all other 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 institution or defence of any legal proceedings or the making or resisting of applications to any authority for ascertaining, perfecting or enforcing that right, liability or obligation of the Corporation, as the case may be.

5. Money order remitted through the Corporation in terms of the Postal Services Act which were valid immediately prior to the commencement of this Act shall be regarded as having been transmitted under and ill'accordance with the provisions ofthis.J\ct. Legal proceedings Money remitted through Corporation in terms of repealed Act Cap. 470 ·Definition Act No. of 1987 Cap. 470

6. In this Schedule, " Company " means t�e Posts and Telecommunications Corporation Limited established under the Posts and Telecommunications Act of I 987 and repealed by the Rostal Services Act. .. .,., .. ) ,