NIGERIAN MARITIME LABOUR ACT

Section 42: Savings and transfer of liabilities, staff, etc.

2003Section 42 of 44Federal Republic of Nigeria

(1) Accordingly, the statutory functions, rights, interests, obligations and liabilities of the Joint Dock Labour Industrial Council existing before the commencement of this Act under any contract or instrument or in law or in equity shall, by virtue of this Act, be deemed to have been assigned to and vested in the Joint Maritime Labour Industrial Council established by this Act.
(2) Any such contract or instrument mentioned in subsection (1) of this section shall be of the same force and effect against or in favour of the Joint Maritime Labour Industrial Council established by this Act and shall be enforceable as fully and effectively as if instead of the Joint Dock Labour Industrial Council existing before the commencement of this Act, the Joint Maritime Labour Industrial Council established by this Act, has been named therein or had been a party thereto.
(3) The Joint Maritime Labour Industrial Council established by this Act shall be subject to all the obligations and liabilities to which the Joint Dock Labour Industrial Council existing before the commencement of this Act was subject immediately before the commencement of this Act and all other persons shall have the same rights, powers and remedies against the Joint Maritime Labour Industrial Council established by this Act as they had against the Joint Dock Labour Industrial Council existing before the commencement of this Act.
(4) Any proceeding or cause of action pending or existing immediately before the commencement of this Act, by or against the Joint Dock Labour Industrial Council existing before the commencement of this Act in respect of any right, interest, liability or obligation of the Joint Dock Labour Industrial Council existing before the commencement of this Act may be continued or, as the case may be, commenced and any determination of a court shall be for or against the Joint Maritime Labour Industrial Council established by this Act to the same extent that such proceeding or cause of action or determination might have been continued, commenced or enforced by or against the Joint Dock Labour Industrial Council existing before the commencement of this Act.
(5) All assets, funds, resources and other movable or immovable property which immediately before the commencement of this Act were vested in Joint Dock Labour Industrial Council existing before the commencement of this Act shall by virtue of this Act and without further assurance, be vested in the Joint Maritime Labour Industrial Council established by this Act.
(6) Any person who immediately before the coming into force of this Act is the holder of any office in the Joint Dock Labour Industrial Councilor the Nigerian Shipping Federation existing before the commencement of this Act shall on the commencement of this Act, continue in office and be deemed to have been appointed to his office by the Joint Maritime Labour Industrial Council established by this Act unless the authority by which the person was appointed terminates the appointment.

Cite this section

Section 42, NIGERIAN MARITIME LABOUR ACT (2003).

https://repo.podus.ai/laws/nigerian-maritime-labour-act/section/42/