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Transfer to Government of assets and liabilities of City Council and Rural Board

Local Government Integration Act

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—(1) Upon the commencement of this Act, all lands, buildings and other property, movable and immovable, of the City Council and of the Rural Board, including all assets, powers, rights, interests and privileges as well as debts, liabilities and obligations in connection therewith or appertaining thereto, other than those vested in and held by the City Council —(a)for the purposes of the water, gas and electricity undertakings of the City Council as defined in section 39 of the Public Utilities Act [Cap. 261]; and(b)in respect of all loans raised by the City Council by the issue of debenture stock and in respect of any other loans raised by the City Council for the purposes of the water, gas and electricity undertakings of the City Council under the provisions of the Municipal Ordinance [1936 Ed. Cap. 133] or of the Local Government Ordinance 1957 [24/57] including the sinking funds created for the redemption of such loans,shall be deemed to have been transferred to and vested in the Government without further assurance, if it was vested in and held by the City Council or the Rural Board on 31st December 1960, on 1st January 1961, and if it was acquired by the City Council or the Rural Board after 31st December 1960, on the date of commencement of this Act.(2) If any question arises as to which of the properties, movable or immovable, have been transferred to and vested in the Government under subsection (1), a certificate under the hand of the Minister shall be conclusive evidence of the vesting of such property, movable or immovable, in the Government.(3) The Minister for Finance may, by notification in the Gazette, direct that any of the assets and liabilities so deemed to have been transferred to and vested in the Government shall be transferred to and vested in the Public Utilities Board and they shall be vested in the Board with effect from the date specified in the direction.(4) In respect of the movable or immovable property transferred to the Government under this section —(a)any proceedings pending immediately before the commencement of this Act —(i)against the City Council or the Rural Board may be continued and enforced against the Government in the name of the City Council or the Rural Board, as the case may be, and the proceedings shall, if continued, comply with the provisions of the Government Proceedings Act [Cap. 121]; and(ii)by the City Council or the Rural Board may be continued and enforced by the Government in the name of the City Council or the Rural Board, as the case may be, and the proceedings, if continued, shall, notwithstanding the provisions of the Government Proceedings Act, be continued and enforced in accordance with the provisions of any written law and the rules of practice and procedure in force relating to proceedings between private persons; and(b)any matter or cause of action existing immediately before the commencement of this Act by or against the City Council or the Rural Board may be continued and enforced by or against the Government in accordance with the provisions of any written law and the practice and procedure in force relating to proceedings by or against the Government.

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