32Appointment and powers of administrator

32 Appointment and powers of administrator

(1)  *[Section 32 Subsection (1) amended by No. 76 of 1995, s. 28 and Sched. 1 ]*The Governor may, by order, appoint an administrator to administer the affairs and activities of TDR if the Minister certifies in writing that –

(a) TDR has failed to perform a duty arising from a statement of policy objectives given to it under section 11 (1) ; or

(b) it is in the public interest for an administrator to be appointed to wind up the affairs and activities of TDR.

(2)  [Section 32 Subsection (2) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]**[Section 32 Subsection (2) amended by No. 76 of 1995, s. 28 and Sched. 1 ][Section 32 Subsection (2) substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A State Service officer or State Service employee may, subject to the State Service Act 2000 , hold office as administrator of TDR in conjunction with State Service employment.

(3)  *[Section 32 Subsection (3) amended by No. 76 of 1995, s. 28 and Sched. 1 ]*On the appointment of an administrator under subsection (1) , the Minister shall serve on TDR a copy of the instrument of the appointment and on the service of the copy of that instrument –

(a) the functions of TDR shall be performed, and the powers of TDR may be exercised, by the administrator in the name and on behalf of TDR until his office is vacated under this section;

(b) the directors shall cease to hold office;

(c) the administrator shall assume, and be responsible for, the management of TDR; and

(d) any delegation made by TDR under section 19 (1) shall cease to have effect.

(4)  *[Section 32 Subsection (4) amended by No. 76 of 1995, s. 28 and Sched. 1 ]*Subject to this section, an administrator appointed under this section –

(a) shall, as soon as practicable after his appointment as such, take into his custody or under his control all the property and things in action to which TDR is, or appears to be, entitled; and