TELECOMMUNICATIONS OF JAMAICA (TRANSFER TO AND VESTING OF ASSETS AND LIABILITIES OF JAMAICA TELEPHONE COMPANY LIMITED AND JAMAICA INTERNATIONAL TELECOMMUNICATIONS LIMITED) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Transfer and vesting of liabilities, etc

   4   Saving of rights existing staff

   5   Dismissal by reason of redundancy

THE TELECOMMUNICATIONS OF JAMAICA (TRANSFER TO AND VESTING OF ASSETS AND LIABILITIES OF JAMAICA TELEPHONE COMPANY LIMITED AND JAMAICA INTERNATIONAL TELECOMMUNICATIONS LIMITED) ACT

[Date of Commencement: 1st April 1995]

Act 4 of 1995.

1   Short title

   This Act may be cited as the Telecommunications of Jamaica (Transfer to and Vesting of Assets and Liabilities of Jamaica Telephone Company Limited and Jamaica International Telecommunications Limited) Act.

2   Interpretation

   (1) In this Act-

   "customer" includes any person receiving or entitled to receive a service from JTC or JAMINTEL under a contract, account transaction, arrangement or other dealing in the course of business;

   "existing" means existing immediately before the transfer day;

   "JAMINTEL" means Jamaica International Telecommunications Limited, a company incorporated under the laws of Jamaica;

   "JAMINTEL" Pension Scheme" means an approved superannuation scheme established under a trust deed dated the 23rd day of October, 1973;

   "JTC" means the Jamaica Telephone Company Limited, a company incorporated under the laws of Jamaica;

   "JTC Pension Scheme" means an approved superannuation scheme established under a trust deed dated the 1st day of July, 1971;

   "security" includes a mortgage or charge (whether legal or equitable), debenture, guarantee, bond, lien, pledge, hypothecation, indemnity, undertaking or other means of securing payment or discharge of a debt, liability or obligation, whether present or future, actual or contingent;

   "TOJ" means Telecommunications of Jamaica Limited, a company incorporated under the laws of Jamaica;

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   "transfer day" means the date referred to in section 3.

3   Transfer and vesting of liabilities , etc

   (1) The Minister may by notice published in the Gazette appoint a day (hereinafter referred to as the "transfer day") on which by virtue of and subject to this Act, all property, assets, rights, powers, liabilities and obligations of JTC and JAMINTEL shall be transferred to TOJ.

   (2) On and after the transfer day and without any conveyance, assignment or transfer, all property, real and personal purchased for or belonging to JTC or JAMINTEL, including all moneys standing to the credit of or receivable and derived or to be derived from loans raised or to be raised at the transfer day for such operation as aforesaid, and all interests, rights and easements into or out of the said property, real or personal (including things in action) which belong to or are vested in or would but for this Act have belonged to or vested in JTC or JAMINTE L, shall be transferred to and vested in TOJ subject to all and any trusts and to all debts, liabilities, and obligations affecting such property.

   (3) References in this Act-

   (a)   to the property of JTC or JAMINTEL are references to the property of JTC or JAMINTEL, as the case may be, situated. in .Jamaica or in another country;

   (b)   to the rights and liabilities of JTC or JAMINTEL are references to the rights enjoyed by and liabilities imposed on JTC or JAMINTEL, as the case may be, under the laws of Jamaica or the laws of any other country.

   (4) On and after the. transfer. day, without further act-

   (a)   every existing contract or assurance -(including without limitation collective labour agreements and contracts of service) to which JTC or JAMINTEL was a party, whether in writing or not, shall be construed and have effect as if--

         (i)   TOJ had been a party thereto instead of JTC or JAMINTEL, as the case may be;

         (ii)   for any reference, however worded, and whether expressed or implied to JTC or JAMINTEL there were substituted, as respects anything falling to be done on or after the transfer day, a reference to TOJ; and

         (iii)   any reference, however worded, whether expressed or implied, to the directors or to any director officer or employee of JTC or JAMINTEL were, as respects anything falling to be ;done on or after' the transfer day, a reference, as the case may require, to the directors of TOJ or to such director, officer or employee of TOJ as TOJ may appoint, or. in default of appointment, to the director, officer or employee of TOJ who corresponds as nearly as may be to the first mentioned director, officer or employee;

   (b)   any existing contract or account between JTC or JAMINTEL and a customer shall become a contract or account between TOJ and that customer;

   (c)   any existing instruction, direction, mandate, power of attorney or consent given to JTC . or JAMINTEL shall have effect as if given to TOJ;

   (d)   any existing negotiable instrument or order for payment of money which is expressed to be drawn on, or given to or accepted: or endorsed by JTC or JAMINTEI or payable at any of their respective places of business shall have effect as if it had been drawn on or given to or accepted or endorsed by TOJ or payable at the place of business of TOJ,

   (e)   any security transferred to TOJ that immediately before the transfer day was held by JTC or JAMINTEL as security for the payment or discharge of a debt, liability or obligation whether present or future, actual or contingent, shall be held by and be available to TOJ for the payment or discharge of that debt, liability or obligation; and any such security which extends to future advances or future liabilities shall on and after such day as aforesaid, be held by and be available to TOJ as security for future advances by and future liabilities to TOJ in the same manner and in all respects as future advances by or future liabilities to JTC or JAMINTEL, as the case may be, were secured thereby immediately before that day;

   (f)   any security provided by or for JTC or JAMINTEL that immediately before the transfer day was held as security for the payment or discharge by JTC or JAMINTEL of a debt. liability or obligation, whether present or future, actual or contingent, shall be held by and be available to a holder as security for the payment or discharge by TOJ of that debt, liability or obligation; and any such security which extends to future advances or future liabilities shall on and after the transfer date, be held by and available to the holder as security for future advances to and future liabilities of TOJ in the same manner and in all respects as future advances to or future liabilities of JTC and JAMTNTEL were secured thereby immediately before the transfer day.

   (5) The provisions of the Stamp Duty Act and the Transfer Tax Act shall not apply to the transfer and vesting of any property, rights and liabilities of JTC or JAMINTEL to or in TOJ.

   (6) All claims, rights and liabilities which would, but for this subsection, be enforceable against JTC or JAMINTEL, as the case may be, and any judgement or award obtained by or against JTC or JAMINTEL, as the case may be, whether before or after the transfer day shall be enforceable by or against TOJ.

   (7) Except as provided in subsection (6), nothing in this Act shall be construed to affect any judicial proceeding in which JTC or JAMINTEL is a party and which was commenced but not determined before the transfer day.

   (8) On and after the transfer day, any reference to JTC or JAMINTEL-

   (a)   in any instrument having the force of law (other than this Act); or

   (b)   in any licence, contract, deed or other document, shall be construed as a reference to TOJ.

4   Saving of rights existing staff

   (1) All persons holding office or serving under JTC or JAMINTEL immediately before the transfer day shall, on and after that day, be deemed to hold under TOJ the like respective offices or employments and by the same tenure and upon the same terms and conditions as they held immediately before that day.

   (2) Unless and until other provision is made by TOJ every person who, immediately before the transfer day, was by virtue of his employment with JTC or JAMINTEL entitled to pension, superannuation allowance, gratuity or other similar payment shall continue to be so entitled after the transfer day, and accordingly-

   (a)   TOJ shall on and after that date assume all the powers and obligations of JTC and JAMINTEL, respectively in relation thereto; and

   (b)   all such steps as may be necessary shall be taken to ensure that as soon as practicable after the transfer day, the funds of the JTC Pension Scheme and the JAMINTEL Pension Scheme shall be made available to TOJ for the purpose of fulfilling such obligations and exercising such powers as aforesaid.

5   Dismissal by reason of redundancy

   (1) Any employee of TOJ whose tenure has been continued from JTC or JAMINTEL by virtue of section 4 (1) (hereinafter referred to as a continuing employee) and who, within twelve months of the transfer day is dismissed by TOJ other than for disciplinary reasons or incompetence shall be deemed to be dismissed by reason of redundancy and shall in accordance with subsection (2) be entitled to be paid redundancy payment calculated in accordance with either-

   (a)   the Employment (Termination and Redundancy Payments) Act; or

   (b)   such collective labour agreement as may relate to him,

whichever may be more favourable to him.

   (2) A continuing employee who at any time after the transfer day is actually dismissed by reason of redundancy or who by virtue of subsection (1) is deemed to have been dismissed by reason of redundancy shall, for the purposes of determining the amount of redundancy payment, be deemed to have continued until the time of such dismissal in the employment which he held with JTC or JAMINTEL, as the case may be, immediately before the transfer day.

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