NATIONAL INSTITUTE FOR HOSPITALITY AND TOURISM (ESTABLISHMENT) ACT, 2022.
Section 53: Transitional provisions.
(1)
Any lawful act done or purported to have been done by the National Institute for Hospitality and Tourism existing immediately before the commencement of this Act (in this Act referred to as the “Executing Agency”) is validated under this Act.
(2) Any act lawfully done or purported to have been done by any person however designated or appointed before the commencement of this Act for and on behalf of the Institute, including the acquisition of landed properties or erection of buildings, rentals, supervision or control of the Institute, is validated.
(3) Any agreement to which the Executing Agency under this Act was a party, whether or not made in writing and whether or not of such a nature that the rights, liabilities and obligations under the agreement may be assigned by the Executing Agency shall, unless its terms or subject matter make it impossible that it should have effect so far as it relates to property as if the Institute was a party to the agreement and-
(a) reference, however worded and whether express or implied, to the Executing Agency, in respect of anything not done shall be a reference to the Institute; and
(b) any document which refers, whether specifically or generally, to the Executing Agency, shall be construed as referring to the Institute.
(4) Without prejudice to the generality of the provisions of this section, any right, liability or obligation which the Executing Agency had before the commencement of this Act shall vest in the Institute.
(5) Any application, liability or obligation, legal proceeding or enforcement of rights pending against the Executing Agency may be continued against the Institute.
(6) Notwithstanding the provisions of subsections (1) - (5)-
(a) existing regulations or rules made or guidelines issued by the Executing Agency before the commencement of this Act are deemed to have been made or issued under the relevant sections of this Act;
(b) any register kept by the Executing Agency is deemed to be part of the register kept under this Act;
(c) any direction, order and appointment lawfully given, made or other acts done by the Executing Agency and in force immediately before the commencement of this Act, shall be deemed to have been given, made or done under this Act and shall have effect accordingly; and
(d) all property held by or on behalf of the Executing Agency immediately before the commencement of this Act shall, on the commencement of this Act, be deemed to have been vested in the Institute.
(7)
Subject to the provisions of this Act, the Director-General of the Executing Agency is deemed to have been transferred to the Institute under the same conditions as Director-General.
(8) Any person who, immediately before the commencement of this Act, held appointment as an employee of the Institute is, on the commencement of this Act, deemed to have been appointed under this Act for purposes of pension.
(9)
As from the commencement of this Act, any disciplinary proceeding pending or existing against any employee of the Executing Agency shall be continued and completed by the Institute.
Cite this section
Section 53, NATIONAL INSTITUTE FOR HOSPITALITY AND TOURISM (ESTABLISHMENT) ACT, 2022. (2022).
https://repo.podus.ai/laws/national-institute-for-hospitality-and-tourism-establishment-act-2022/section/53/