PART 3 TRANSFER OF PROPERTY, RIGHTS, LIABILITIES,
EMPLOYEES, ETC., TO UNIVERSITY COMPANY |
| Transfer to university company of property, rights and liabilities |
12.—(1) On 1 April 2006, such property, rights and liabilities comprised in the undertaking of the predecessor university determined by the Minister and agreed to by the Minister for Finance are, by virtue of this section and without further assurance, act or deed, transferred to and vested in the university company.| (2) Any property which by any scheme, will or other instrument or otherwise was held upon trust for any specific foundation or object of the predecessor university and which has been transferred to or vests in the university company by virtue of subsection (1) must, after the transfer or vesting, be held upon trust for and applied as far as possible to the like foundation or object of the university company. |
| (3) Any property which was held upon any trust and which has been transferred to or vests in the university company by virtue of subsection (1) must, after the transfer or vesting, be held upon the same trust. |
| (4) If any question arises as to whether any particular property, right or liability has been transferred to or vested in the university company under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, right or liability was or was not so transferred or vested. |
| (5) Any immovable property to be transferred to and vested in the university company under subsection (1) must be held by the university company upon the tenure and subject to the terms and conditions determined by the President. |
| (6) All proceedings by or against the predecessor university which were commenced before 1 April 2006 and which are pending on that date may be continued, completed and enforced by or against the university company on and after that date. |
(7) Every agreement relating to any of the transferred properties to which the predecessor university was a party immediately before 1 April 2006, whether or not of a nature that the rights and liabilities under the agreement can be assigned, has effect on and after that date as if —| (a) | the university company had been a party to the agreement; and | | (b) | every reference in the agreement to the predecessor university were substituted in respect of anything to be done on or after that date with a reference to the university company. |
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13.—(1) On and after 1 April 2006, all persons employed immediately before that date by the predecessor university must be transferred to the service of the university company on terms no less favourable than those enjoyed by them immediately prior to their transfer.| (2) Until the terms and conditions of service are drawn up by the university company, the scheme and terms and conditions of service in the predecessor university continue to apply to every person transferred to the service of the university company under subsection (1) as if the person were still in the service of the predecessor university. |
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| Service rights, etc., of transferred employees |
14.—(1) The university company must, in drawing up the terms and conditions of service of any person transferred to the service of the university company under section 13, consider the terms and conditions of service, including any accrued rights to leave, enjoyed by that person while in the employment of the predecessor university.| (2) The university company must, in drawing up any term or condition relating to the length of service of any person with the university company, provide for the recognition of service under the predecessor university by that person to be service under the university company. |
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| 15. All deeds, contracts, schemes, bonds, agreements, instruments and arrangements subsisting immediately before 1 April 2006 to which the predecessor university is a party continue in force on and after that date and are enforceable by or against the university company as if the university company had been named in them or had been a party to them instead of the predecessor university. |
| Continuation and completion of disciplinary proceedings |
16.—(1) Where any disciplinary proceedings commenced before 1 April 2006 against —| (a) | any employee of the predecessor university transferred to the service of the university company under section 13; or | | (b) | any student of the predecessor university, |
| are pending on that date, the proceedings must, on and after that date, be carried on and completed by the university company. |
| (2) Where any hearing or investigation by a duly authorised committee of the predecessor university has commenced before 1 April 2006, but no order, ruling or direction has been made immediately before that date, the committee must, on or after that date, complete the hearing or investigation and may make such order, ruling or direction as it could have made under the authority vested in it before that date. |
| (3) Any order, ruling or direction made by a committee under subsection (2) is to be treated as an order, ruling or direction of the university company and has the same force and effect as if it had been made by a duly authorised committee of the university company. |
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| Misconduct or neglect of duty by employee before transfer |
| 17. The university company may reprimand, reduce in rank, retire, dismiss or punish in any other manner a person who had, while the person was in the employment of the predecessor university, been guilty of any misconduct or neglect of duty which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in any other manner if the person had continued to be in the employment of the predecessor university, and if this Act had not been enacted. |
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