Engineering Institution of Zambia Act, 2010

1. In this Schedule "former Institution" means the Institution established under the repealed Act.

2. (1) For the avoidance of doubt, a person who, before the commencement.of this Act, was an employee of the former Institution, shall continue to be an employee of the Institution as if -employed under this Act. (2) The service of the persons referred to in sub-paragraph (I) shall be treated as continuous service. (3) Nothing in this Act, affects the rights and liabilities of any employee employed by the former Institution before the commencement of this Act.

3. (1) On or after the appointed date, there shall be transferred to, vest in and subsist against the Institution by virtue of this Act and without further assurance, all assets, rights and obligations which immediately before that date were the assets, rights, liabilities and obligations of the former Institution. (2) Subject to subparagraph(!), every deed, bond and agreement, other than an agreement for personnel service, to which the former Institution, was a party immediately before the commencement of this Act, whether or not of such a nature that rights, liabilities and obligations could be assigned, shall unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this paragraph, have effect as if- --{ a)-the-Institution,-had-been·party·to it; (b) for any reference to the former Institution there was · substituted, with respect to anything falling to be done on or after the appointed date, a reference to the Institution; or (c) for any reference to any officer of the former Institution not being a party to it and beneficially interested, there were substituted, as respects anything falling to be done on or after the appointed date, a reference to such officer • ----of the-Institution,-as the-Institution shall designate. (3) Where under this Act, any assets, rights, liabilities and obligations of the former Institution, are deemed to be transferred Engineering Institution of Zambia [ No. 17 of 2010 163 to the Institution, in respect of which transfer a written law provides for registration, the Institution shall make an application in writing to the appropriate registration authority for registration of the transfer. ( 4) The registration authority, referred to in sub-paragraph (3), shall make such entries in the appropriate register as shall give effect to the transfer and, where applicable, issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register and shall endorse the deeds relating to the title, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction.

4. (!)Any legal proceedings pending immediately before the appointed date by or against the former Institution, may be continued by or against the Institution. Legal procee mgs d' (2) After the commencement of this Act, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the former Institution, may be instituted by or against the Institution. 5 10 15 164 , '