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8 1931

AGRICULTURE ACT, 1931

PART III.

Transitory Provisions.

Transfer of property to committees of agriculture.

41. —(1) Upon the commencement of this Act all property, whether real or personal (including choses-in-action) which immediately before the commencement of this Act, is vested in a committee appointed under the Act of 1899 by the council of a county or in such council in relation to or for the purposes of functions, powers, and duties performed by such council through such committee shall, on the commencement of this Act and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in the committee of agriculture for such county.

(2) Where any property transferred by this section consists of moneys, stocks, shares or securities standing in the books of a bank, corporation or company, such moneys, stocks, shares and securities shall, upon the request of the committee of agriculture to which the same are transferred by this section, be transferred by such bank, corporation, or company into the name of such committee.

(3) Every chose-in-action transferred by this section may be sued upon, recovered, or enforced by the committee of agriculture to which such chose-in-action is so transferred in its own name and it shall not be necessary for such committee to give notice to the person bound by such chose-in-action of the transfer effected by this section.

(4) All moneys raised by a rate struck by the council of a county for the service of the year beginning on the 1st day of April, 1930 and which but for this Act would have been paid to the committee appointed under the Act of 1899 by such council and would have been applicable by such committee in relation to or for the functions, powers, and duties performed by such council through such committee shall (so far as such moneys are not paid to such committee before the commencement of this Act) be paid by such council to the committee of agriculture for such county and when so paid applied by such committee of agriculture as if such moneys were moneys raised by such council by means of the agricultural rate.

Transfer of debts and liabilities to committees of agriculture.

42. —(1) Upon the commencement of this Act every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the commencement of this Act is owing and unpaid and has been incurred and is undischarged by the committee appointed under the Act of 1899 by the council of a county or by such council in relation to or for the purposes of functions, powers and duties performed by such council through such committee shall, on the commencement of this Act, save as is hereinafter otherwise provided, become and be the debt or liability of the committee of agriculture for such county and shall be paid or discharged by and may be recovered or enforced against such committee accordingly.

(2) Notwithstanding anything contained in the foregoing sub-section, every pension, superannuation allowance, or gratuity which immediately before the commencement of this Act, is or has become payable by the council of a county to a person on account of his having been an officer of a committee appointed under the Act of 1899 by such council or of such council in relation to or for the purposes of functions, powers and duties performed by such council through such committee shall on and after the commencement of this Act be raised and paid by such council and in the same manner as the same would have been required to be raised and paid as if this Act had not been passed and come into operation.

Transfer of officers to committees of agriculture.

43. —(1) Every person who, on the day before the commencement of this Act, is an officer of a committee appointed under the Act of 1899 by the council of a county or of such council in relation to or for the purposes of functions, powers and duties performed by such council through such committee shall, on the commencement of this Act, be transferred to and become and be an officer of the committee of agriculture for such county.

(2) Every officer transferred by this section shall, subject to the provisions of this section, perform in the service of the committee of agriculture to which he is so transferred the like duties as he performed in the service from which he is so transferred.

(3) Every officer transferred by this section shall not, in the service of the committee of agriculture to which he is so transferred, receive less remuneration, or subject to the provisions of this section, be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the service from which he is so transferred.

(4) A committee of agriculture may, with the approval of the Minister, redistribute or rearrange the duties to be performed by officers transferred to it by this section and every such officer shall be bound to perform the duties allotted to him on any such redistribution or rearrangement, and no such redistribution or rearrangement shall be deemed to be a removal from or abolition of office for the purposes of the enactments relating to superannuation and compensation for loss of office.

(5) A committee of agriculture may, with the sanction of the Minister, and shall, when so directed by the Minister, abolish the office of any officer transferred to it by this section and every such officer whose office is so abolished shall, for the purpose of the enactments relating to superannuation and compensation for loss of office, be deemed to have been removed from office by such committee for a cause other than misconduct or incapacity.