118 No. 15 of 2010]
Patents and Companies Registration
Agency
the Government was a party immediately before the appointed
date, 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 Agency had been party to it;
for any reference to the Government there was substituted,
with respect to anything falling to be done on or after
the commencement of this Act, a reference to the
Agency; or
(c) for any reference to any officer of the Department, 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 Agency as the Agency shall
designate.
Where under this Act, any assets, rights, liabilities and
obligations of the Government are deemed to be transferred to the
Agency in respect of which transfer a written law provides for
registration, the Agency shall make an application in writing to the
appropriate registration authority for registration of the transfer.
The registration authority, referred to in subparagraph (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.
Legal
proceedings
4. (1) Any legal proceedings or application of the Government
pending immediately before the appointed date by or against the
Government may be continued by or against the Agency.
(2) After the appointed date, proceedings in respect of any
right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the Government, may be instituted by or
against the Agency.