Sri Lanka Consolidated Acts

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Sri Lanka Transport Board Act (No. 27 of 2005) - Sect 33

Transitional provisions relating to employees property, contracts, rights, obligations and liabilities of, pending actions and application by or against, and unsatisfied decrees or awards in favour of or against, the Board

33. On the appointed date -
(1) all officers and other employees in the employment of the Sri Lanka Central Transport Board, the Northern Regional Transport Board, the Regional Transport Boards, the Vavuniya Peoplised Passenger Transport Services Ltd., the Amalgamated Peoplised Bus Companies and the Northern Transport Company Ltd. on the day immediately preceding the appointed date shall be deemed to be employees in the service of the Board subject to terms and conditions not less favourable than the terms and conditions attaching to their employment under their respective institutions. The services of such employees shall not be terminated otherwise than in terms of their conditions of employment or through a Voluntary Retirement Scheme or on a disciplinary reason;
(2) all the movable and immovable property of the Sri Lanka Central Transport Board, the Northern Regional Transport Board, the Regional Transport Boards, the Vavuniya Peoplised Passenger Transport Services Ltd., the Amalgamated Peoplised Bus Companies and the Northern Transport Company Ltd. on the day immediately prior to the appointed date (including money in the funds of the respective institutions) shall vest in, and be the property of, the Board ;
(3) all such shares issued by the Vavuniya Peoplised Passenger Transport Services Ltd., the Amalgamated Peoplised Bus Companies and the Northern Transport Company Ltd. in their respective institutions, for no consideration, to their employees or ex-employees and held by them on the day immediately prior to the appointed date shall vest in and be the property of Board established by section 2 of this Act, and such employees and ex-employees or any other person presently holding such shares, shall be compensated in respect of each such share at its par value, notwithstanding the fact that such share is presently below the par value;
(4) all the contracts and agreements of the Sri Lanka Central Transport Board, Regional Transport Boards, the Vavuniya Peoplised Passenger Transport Services Ltd., the Amalgamated Peoplised Bus Companies and the Northern Transport Company Ltd. on the day immediately prior to the appointed date shall be deemed to be the contracts and agreements of the Board, and all subsisting rights, liabilities, including all Employees Provident Fund, Employees Trust Fund and gratuity liabilities, and obligations of the above entities under such contracts and agreements shall be deemed to be the rights, liabilities and obligations of the Board;
(5) any action, application or appeal instituted or made by or against the Sri Lanka Central Transport Board, Regional Transport Boards, the Vavuniya Peoplised Passenger Transport Services Ltd., the Amalgamated Peoplised Bus Companies and the Northern Transport Company Ltd. in any Court or tribunal and pending on the day immediately prior to the appointed date shall be deemed to be an action, application or appeal instituted or made by or against the Board;
(6) any decree or award entered or made by a Court or tribunal in any action, application or appeal instituted or made by or against the Sri Lanka Central Transport Board, Regional Transport Boards, the Vavuniya Peoplised Passenger Transport Services Ltd., the Amalgamated Peoplised Bus Companies and the Northern Transport Company Ltd. and remaining unsatisfied in whole or in part on the day immediately prior to the appointed date shall be deemed to be a decree or award in favour of or against the Board, as the case may be, and may, subject to the provisions of the Civil Procedure Code, or any other enactment, in relation to the execution of a decree or award, be enforced by or against the Board.


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