Abolition of the Fuel Research Institute Act 30 of 1983

Abolition of the Fuel Research Institute Act, 1983 (No. 30 of 1983)

Act

• to repeal the Fuel Research Institute and Coal Act, 1963; and
• to provide for the vesting of the assets and liabilities, and the transfer of the employees, of the Fuel Research Institute of South Africa in and to the Council for Scientific and Industrial Research; and
• for matters connected therewith.

(English text signed by the State President.)
(Assented to 23 March 1983.)

BE IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:- 

Repeal of Act 35 of 1963.

1. Subject to the provisions of this Act the Fuel Research Institute and Coal Act, 1963 (hereinafter referred to as the repealed Act), and the laws specified in the Schedule are hereby re pealed to the extent set out in the third column of the Schedule.

Vesting of assets and liabilities of Institute.

2. (1) Subject to the provisions ofthis section the assets, liabilities, rights and obligations of the Fuel Research Institute of South Africa (hereinafter referred to as the Institute) shall at the commencement of this Act vest in the Council for Scientific and Industrial Research (hereinafter referred to as the Council) referred to in section 2 of the Scientific Research Council Act, 1962 (Act No: 32 of 1962) (hereinafter referred to as the principal Act) .

(2) The registrar of deeds in charge of the deeds registry where any title to any such asset or right is registered shall endorse the document of title concerned upon production thereof to the effect that such asset or right has so vested and shall make the necessary entries in his records.

(3) No transfer duty, stamp duty or other fees shall be payable in respect of such endorsement or entries.

(4) Money in the capital fund referred to in section 6 of the repealed Act which vested in terms of subsection (1), shall be deemed to be funds contemplated in section 15 of the principal Act.

(5) Money in the possession of the Institute immediately before the commencement of this Act obtained as a result of the imposition of a levy referred to in section 7 (2) of the repealed Act, shall at such commencement vest in the Director-General: Mineral and Energy Affairs, who shall use it for the payment of expenses incurred under section 7 ( 5) (b) of the repealed Act. 

Transfer of persons in service of Institute.

3. (1) Every person in the service of the Institute immediately , before the commencement of this Act shall; with the retention of the conditions of service (including remuneration) which then applied in respect of him, at such commencement be transferred to the service of the Council as an officer or employee, as the Council may determine.

(2) Such a person shall be deemed to be appointed in terms of section 10 (1) (a) of the principal Act, his conditions of service shall be deemed to be determined in terms of section 10 (1) (e) of that Act, service performed by him as an employee of the Institute shall be deemed to be service performed by him as a employee of the Council, and any leave, pension or other benefits which may have accrued in his favour by virtue of his service with the Institute, shall be deemed to have accrued in his favour by virtue of service with the Council. 

(3) The Council may in its discretion alter the conditions of service of any person transferred to the service of the Council in terms of subsection (1) in order to adapt such conditions to those of officers or employees of the Council: Provided that such person shall not as a result of that adaptation be in a less favour able position than before his transfer.

(4) Any person who feels aggrieved by such an adaptation may appeal to the Minister of Industries, Commerce and Tourism who may give such decision as he thinks fit, and that. decision shall be final.

(5) Save in accordance with disciplinary measures applied by the Council, the remuneration of a person who became an officer or employee of the Council by virtue of this section, shall not without his consent be reduced solely as a result of the provisions of this section. 

Savings.

4. (1) Except in so far as it is clearly inappropriate or the Minister of Industries, Commerce and Tourism otherwise determines, anything done in terms of a provision of the repealed Act shall be deemed to have been done in terms of the corresponding provision of the principal Act. 

(2) Any reference to the Institute in any law, deed or other document shall be construed as a.reference to the Council. 

Short title and commencement.

5. This Act shall be called the Abolition of the Fuel Research Institute Act, 1983, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.

Schedule: Laws repealed

Commencement

1 April 1983 (Gazette 8641 of 30 March 1983)