182 No. 15 of 2009]
Transfer of
assets and
liabilities

Legal
proceedings

Information and Communication
Technologies

4. (1) On or after the commencement of this Act, there shall
be transferred to, vest in and subsist against the Authority 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 Communications Authority.
(2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the Communications Authority 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—
the Authority had been party to it;
for any reference to the Communications Authority there
was substituted, with respect to anything falling to be
done on or after the commencement of this Act, a
reference to the Authority; or
(c) for any reference to any officer of the Communications
Authority, not being a party to it and beneficially
interested, there were substituted, as respects anything
falling to be done on or after the commencement of this
Act, a reference to such officer of the Authority as the
Authority shall designate.
(3) Where under this Act, any assets, rights, liabilities and
obligations of the Communications Authority are deemed to be
transferred to the Authority in respect of which transfer a written
law provides for registration, the Authority shall make an application
in writing to the appropriate registration authority for registration
of the transfer.
(4) The registration authority, referred to in subparagraph (1),
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.
5. (1) Any legal proceedings or application of the
Communications Authority pending immediately before the
commencement of this Act by or against the Communications
Authority may be continued by or against the Authority.
(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 Communications
Authority, may be instituted by or against the Authority.

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