Forestry Act, 1988
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Liability for loss occurring before vesting day. |
47.—(1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the exercise before the vesting day of functions assigned to the company by this Act shall, after that day, lie against the company, whether or not any claim in respect thereof was made before that day and, subject to section 49 , not against the Minister, any other State authority or the State. | |
(2) Where, before the vesting day in a claim to which subsection (1) relates, agreement in settlement of the claim has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the injured person and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall, in so far as enforceable against the Minister, any other State authority or the State, be enforceable against the company and, subject to section 49 , not against the Minister, any other State authority or the State. | ||
(3) Any claim made or proper to be made by the Minister, any other State authority or the State in respect of any loss or injury arising from the act or default of any person before the vesting day shall, where the claim relates to functions assigned to the company by this Act, be regarded as made by or proper to be made by the company and may be pursued and sued for by the company as if the loss or injury had been suffered by the company. | ||
(4) Where, before the vesting day, in a claim to which subsection (3) relates, agreement in settlement of the claim has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the Minister, any other State authority or the State and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall, in so far as enforceable by the Minister, any other State authority or the State, be enforceable by the company. | ||
(5) This section does not apply to a claim by one State authority against another. |