The Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 1963

  1. Introductory Text

  2. PART I DISSOLUTION OF THE FEDERATION

    1. 1.Dissolution of the Federation

    2. 2.Continuation and adaptation of existing law

    3. 3.Constitution of Liquidating Agency

    4. 4.Agency to be a body corporate

    5. 5.Procedure and exemptions of Agency

    6. 6.Functions of Agency

    7. 7.Powers of Agency

    8. 8.Performance of functions and powers of Agency

    9. 9.Termination of Liquidating Agency

    10. 10.Property of the Federation

    11. 11.Claims by and against the Federal Government

    12. 12.Outstanding internal public debt of the Federation

    13. 13.Federal tax reserve certificates

    14. 14.Post Office Savings Bank

    15. 15.Post Office savings certificates

    16. 16.Outstanding external public debt of the Federation

    17. 17.Winding up of certain bodies established by Federal law

    18. 18.Pending legal proceedings

    19. 19.Temporary continuation of certain Federal courts

  3. PART II THE PUBLIC SERVICE

    1. 20.Temporary provision for seconded Federal officers

    2. 21.Constitution of Staff Authority and Staff Commission

    3. 22.Powers of Staff Authority and Staff Commission in relation to seconded officers

    4. 23.Staff and expenses of Staff Authority and Staff Commission

    5. 24.Establishment of Central African Pension Fund

    6. 25.Assets of Fund

    7. 26.Vesting of Fund in Trustees

    8. 27.Establishment of Central African Pension Agency

    9. 28.Functions of Trustees

    10. 29.Charges on Fund

    11. 30.Further powers and duties of Pension Agency

    12. 31.Contributions to Fund

    13. 32.Valuation by actuary

  4. PART III ELECTRIC POWER

    1. 33.Constitution of Higher Authority for Power

    2. 34.Functions of Higher Authority

    3. 35.Procedure of Higher Authority

    4. 36.Constitution of Central African Power Corporation

    5. 37.Member-ship of Corporation

    6. 38.Disqualifications for membership

    7. 39.Tenure of office of members

    8. 40.Acting appointments

    9. 41.Procedure of Corporation

    10. 42.Dissolution of existing Board and vesting of assets and liabilities in the Corporation

    11. 43.Functions of Corporation

    12. 44.Power of Corporation to execute certain instruments

    13. 45.Power of Legislature of Territory to amend Part III

    14. 46.Interpretation

  5. PART IV CIVIL AIR TRANSPORT

    1. 47.Constitution of Higher Authority for Civil Air Transport

    2. 48.Functions of Higher Authority

    3. 49.Procedure of Higher Authority

    4. 50.Constitution of Central African Airways Corporation

    5. 51.Membership of Corporation

    6. 52.Disqualifications for membership

    7. 53.Tenure of office of members

    8. 54.Acting appointments

    9. 55.Procedure of Corporation

    10. 56.Dissolution of former Corporation and vesting of assets and liabilities in new Corporation

    11. 57.Functions of Corporation

    12. 58.Power of Corporation to execute certain instruments

    13. 59.Power of Legislature of Territory to amend Part IV

    14. 60.Interpretation

  6. PART V AGRICULTURAL RESEARCH

    1. 61.Constitution of Agricultural Research Council of Central Africa

    2. 62.Functions of Council

    3. 63.Dissolution of existing Council and vesting of assets and liabilities in new Council

    4. 64.Discoveries and inventions to vest in Council

    5. 65.Power of Legislature of Territory to amend Part V

  7. PART VI CURRENCY AND BANK OF RHODESIA AND NYASALAND

    1. 66.Provision for the currency

    2. 67.Capital of Bank

    3. 68.Constitution of Committee of Ministers

    4. 69.Regulations to adapt existing law

    5. 70.Dissolution of Bank and distribution of assets

  8. PART VII RAILWAYS

    1. 71.Rhodesia Railways

    2. 72.Constitution of Railways Court

    3. 73.Power of Legislature of Territory to amend sections 71 and 72

  9. PART VIII MISCELLANEOUS

    1. 74.Modifications of British Nationality Acts

    2. 75.Modification of Acts of Parliament and instruments having effect under an Act

    3. 76.Interpretation

    4. 77.Revocation

    5. 78.Citation and commencement

  10. Signature

    1. SCHEDULE I

      PUBLIC DEBT OF THE FEDERATION

      1. PART A

        1. Federation of Rhodesia and Nyasaland 4½% Local Registered Stock, 1970-73....

        2. Federation of Rhodesia and Nyasaland 4½% Local Registered Stock, 1969-71....

        3. Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1974-76....

        4. Federation of Rhodesia and Nyasaland 5¼% Local Registered Stock, 1975-77....

        5. Federation of Rhodesia and Nyasaland 5¾% Local Registered Stock, 1979-81....

        6. Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1964....

        7. Federation of Rhodesia and Nyasaland 6% Local Registered Stock, 1976-79....

        8. Federation of Rhodesia and Nyasaland 5¼% Local Registered Stock, 1964....

        9. Federation of Rhodesia and Nyasaland 6¼% Local Registered Stock, 1980-85....

        10. Federation of Rhodesia and Nyasaland 6½% Local Registered Stock, 1981-86....

        11. Federation of Rhodesia and Nyasaland 6½% Local Registered Stock, 1982-87....

        12. Federation of Rhodesia and Nyasaland 5½% Local Registered Stock, 1965....

        13. Federation of Rhodesia and Nyasaland 6½% Local Registered Stock, 1982-87...

        14. Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1965...

        15. Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1966...

        16. British South Africa Company Investments Limited Loan: 5%, 1969.

        17. Central African Airways `A' Loan: 6¼% 1959-67.

        18. Central African Airways `B' Loan: 6¼% 1962-66.

        19. Central African Airways `C' Loan: 6¼% 1963-67.

        20. Central African Airways `D' Loan: 6¼% 1963-67.

        21. Federal Power Board Loan: 6¼%, 1962-65.

        22. Rhodesian Anglo American Limited Loan: 5½%, 1976-88.

        23. Rhodesia Railways Contributory Pension Fund Loan: 6¼%, 1967.

      2. PART B

        1. British South Africa Company Loan: 5%, 1966-85.

        2. Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1977....

        3. Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1978....

        4. Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1959-79....

        5. Federation of Rhodesia and Nyasaland 5% Local Registered Stock, 1960-80....

        6. Federation of Rhodesia and Nyasaland 4½% Local Registered Development Bonds,...

        7. Federation of Rhodesia and Nyasaland 4½% Local Registered Development Bonds,...

        8. Federation of Rhodesia and Nyasaland 4½% Local Registered Development Bonds,...

        9. Federation of Rhodesia and Nyasaland 4½% Local Registered Development Bonds,...

        10. Federation of Rhodesia and Nyasaland 4½% Local Registered Development Bonds,...

        11. Federation of Rhodesia and Nyasaland 4½% Local Registered Development Bonds,...

      3. PART C

        1. British South Africa Company Investments Limited Loan: 5%, 1966-78—to Southern...

        2. Housing Loan from Southern Rhodesia Government: 4½%, 1975—to Southern Rhodesia....

        3. Southern Rhodesia Government (Interim Expenditure) `A' Loan: 5%, 1954-79—to Southern...

        4. Southern Rhodesia Government (Interim Expenditure) `B' Loan: 4¾%, 1954-79—to Southern...

        5. Housing Loan from Northern Rhodesia Government: 4½%, 1974—to Northern Rhodesia....

        6. Federal Government Promissory Notes for Internal Floating Debt—as follows:—

        7. Of the total amount of Federal Government Floating Debt (Promissory...

        8. Any balance of Floating Debt outstanding as ascertained by the...

      4. PART D

        1. Federation of Rhodesia and Nyasaland 4% Registered Stock, 1972-74.

        2. Federation of Rhodesia and Nyasaland 5% Registered Stock, 1975-80.

        3. Federation of Rhodesia and Nyasaland 6% Registered Stock, 1976-79.

        4. Federation of Rhodesia and Nyasaland 6% Registered Stock, 1978-81.

      5. PART E

        1. Federation of Rhodesia and Nyasaland 5¾% External Loan Bonds, 1973....

        2. Barclays Bank D.C.O. Credit 5¾%, 1964.

        3. The Standard Bank Limited Credit 5¾%, 1964.

      6. PART F

        1. International Bank Loan (197 R. N.), 1961-76.

      7. PART G

        1. a.International Bank Loan (253 R. N.) 1962-69—to Southern Rhodesia.

        2. b.United Kingdom/Federation of Rhodesia and Nyasaland Credit Agreement, 1962—as follows:...

        3. The liability of £1,40,000 outstanding at 30th June 1963 is...

        4. The liability to be apportioned as agreed between Southern Rhodesia,...

      8. PART H

        1. International Bank Loan (197 R.N.), 1961-76.

        2. International Bank Loan (253 R.N.), 1962-69.

        3. Foreign Operations Administration, Rhodesia Railways Loan, 1957-76.

        4. Barclays Bank D.C.O. Credit 5¼%, 1964.

        5. The Standards Bank Limited Credit 5¾%, 1964.

    2. SCHEDULE II

      PENSIONS AND OTHER BENEFITS FOR THE FEDERAL PUBLIC SERVICE

      1. PART I INTERPRETATION OF TERMS

        1. 1.(1) In this Schedule, unless inconsistent with the context— “Branch...

      2. PART II PENSIONS AND ALLOWANCES FOR PENSIONERS AT THE DATE OF THE DISSOLUTION OF THE FEDERATION

        1. Pensions and allowances to be paid from the Fund

          1. 2.Subject to the provisions of paragraph 18, any person who...

        2. Payment of pensions

          1. 3.Any pension or allowance payable under paragraph 2 shall be...

      3. PART III TERMINAL BENEFITS FOR PERSONS IN THE EMPLOYMENT OF THE FEDERAL GOVERNMENT WHO ARE NOT TRANSFERRED TO THE SERVICE OF THE GOVERNMENT OF A TERRITORY

        1. Payment of terminal benefits

          1. 4.(1) Subject to the provisions of paragraphs 18 and 22,...

        2. Pension or gratuity for established Public Service officers or Federal Assembly officers

          1. 5.On the date of the termination of his services an...

        3. Additional abolition of office pension or gratuity for established Public Service officers or Federal Assembly officers

          1. 6.(1) An established officer referred to in paragraph 5 who—...

        4. Pension or gratuity plus refund of pension contributions for established Prison officers

          1. 7.(1) On the date of the termination of his services...

        5. Additional abolition of office pension or gratuity for established Prison officers

          1. 8.(1) An established Prison officer referred to in paragraph 7...

        6. Pension or gratuity plus refund of pension contributions for members with two or more years' pensionable service

          1. 9.(1) On the date of the termination of his services...

        7. Additional abolition of office pension or gratuity for members with two or more years' pensionable service

          1. 10.(1) A member referred to in sub-paragraph (1) of paragraph...

        8. Benefits for Branch IV employees

          1. 11.(1) Save as is otherwise provided in sub-paragraph (2) of...

        9. Refund of pension contributions

          1. 12.On the date of the termination of his services a...

        10. Cash in lieu of notice

          1. 13.(1) Subject to the provisions of sub-paragraph (4) of this...

        11. Cash in lieu of leave

          1. 14.(1) On the date of the termination of his services...

        12. Transport Allowance

          1. 15.(1) Subject to the provisions of this paragraph, there shall...

        13. Travel grant

          1. 16.(1) Subject to the provisions of sub-paragraph (4) of this...

        14. Persons under contract

          1. 17.(1) A person under contract who is serving on terms...

        15. Members of the Federal Public Service Commission

          1. 18.On the dissolution of the Federation any member of the...

        16. Children's allowances for members

          1. 19.On the date of the termination of his services a...

        17. Payments of pensions under this Part

          1. 20.A person who becomes entitled to a pension under this...

        18. Provisions as to what constitutes rejection of offers of employment

          1. 21.(1) For the purposes of paragraphs 6 and 8—

        19. Benefits in respect of officers, Prison officers or members on secondment who are discharged or dismissed or who die

          1. 22.Notwithstanding anything to the contrary contained in the foregoing provisions...

      4. PART IV PENSION RIGHTS OF PERSONS IN THE EMPLOYMENT OF THE FEDERAL GOVERNMENT TRANSFERRED TO THE SERVICE OF AN APPROVED GOVERNMENT, INSTITUTION OR EMPLOYER ON PENSIONABLE CONDITIONS OF SERVICE

        1. Interpretation of terms

          1. 23.In this Part of this Schedule, unless inconsistent with the...

        2. Persons seconded or transferred before the dissolution of the Federation

          1. 24.Any person who— (a) was employed by the Federal Government...

        3. Persons transferred to the service of the Government of a Territory after the dissolution of the Federation

          1. 25.The provisions of the Pensions Regulations other than those provisions...

        4. Persons who are subsequently transferred from the service of the Government of a Territory

          1. 26.If a transferred officer is subsequently transferred from the service...

        5. Payment of benefits

          1. 27.Any pension, gratuity or refund of pension contributions payable to...

      5. PART V TERMINAL BENEFITS FOR JUDGES OF THE FEDERAL SUPREME COURT

        1. Interpretation of terms

          1. 28.In this Part of this Schedule, unless inconsistent with the...

        2. Terminal benefits for Federal judges

          1. 29.(1) Subject to the provisions of paragraph 30, on the...

        3. Federal judges transferring to the service of the Government of a Territory

          1. 30.If on the date of the termination of his services...

        4. Pensions for widows and dependants of Federal judges

          1. 31.(1) If a Federal judge becomes entitled to a pension...

        5. Payment of benefits

          1. 32.The benefits payable to or in respect of any person...

      6. PART VI DISABILITY BENEFITS

        1. Benefits for injured or disabled persons

          1. 33.Any person who was employed by the Federal Government or...

        2. Pensions for dependants

          1. 34.On the death of a person referred to in paragraph...

        3. Payment of benefits

          1. 35.The Pension Agency shall pay from the Fund to a...

      7. PART VII PAYMENTS INTO THE FUND

        1. 36.There shall be paid into the Fund—

      8. PART VIII GENERAL

        1. Exemption of certain payments from income tax

          1. 37.Any sum paid under this Schedule by way of commutation...

        2. Variation of this Schedule

          1. 38.The provisions of this Schedule may be varied at any...

    3. SCHEDULE III

      MODIFICATIONS AND ADAPTATIONS OF ACTS OF PARLIAMENT AND INSTRUMENTS HAVING EFFECT UNDER AN ACT OF PARLIAMENT

      1. Acts of Parliament

        1. 1.Subsections (1) and (2) of section 13 of the Federation...

        2. 2.In paragraph (1)(b) of the Second Schedule to the Imperial...

        3. 3.In section 2(2) of the Indian and Colonial Divorce Jurisdiction...

        4. 4.In section 1(2) of the United Nations Act 1946, for...

        5. 5.In subsection (2) and (3) of section 461 of the...

        6. 6.In section 1(6) of the Diplomatic Immunities (Commonwealth Countries and...

        7. 7.In the Import Duties Act 1958— (a) the words “the...

        8. 8.In the definition of “excepted ship or aircraft” in paragraph...

        9. 9.In section 2(7) of the Civil Aviation (Licensing) Act 1960,...

        10. 10.In the definition of “Commonwealth country” in section 50(1) of...

        11. 11.In section 1(5) of the Diplomatic Immunities (Conferences with Commonwealth...

      2. Instruments having effect under an Act of Parliament

        1. 12.In Article 1 of the Patents Etc. (Federation of Rhodesia...

        2. 13.In Regulation 10A of the Air Navigation (General) Regulations 1960...

        3. 14.In Article 2(1) of the Fugitive Offenders (Grouping of Territories)...

        4. 15.In Part I of the Schedule to the Carriage by...

  12. Explanatory Note