Second Schedule (Section 57)

Savings And Transitional Provisions

1. Definition

In this Schedule “ Society ” means the Computer Society of Zambia registered under the Societies Act

ℹ️

.

2. Staff of Association

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

3. Transfer of assets and liabilities

1. On or after the appointed date, there shall be transferred to, vest in and subsist against the Association 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 Society.
2. Subject to subparagraph (1), every deed, bond and agreement, other than an agreement for personnel service, to which the Society, 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 —
   1. the Association, had been party to it;
   2. for any reference to the Society there was substituted, with respect to anything falling to be done on or after the appointed date, a reference to the Association; or
   3. for any reference to any officer of the Society 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 Association, as the Association shall designate.
3. Where under this Act, any assets, rights, liabilities and obligations of the Society, are deemed to be transferred to the Association, in respect of which transfer a written law provides for registration, the Association shall make an application in writing to the appropriate registration authority for registration of the transfer.
4. 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.

4. Legal proceedings

1. Any legal proceedings pending immediately before the appointed date by or against the Society, may be continued by or against the Association.
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 Society, may be continued by or against the Association.

5. Members of Association

A person who before the commencement of this Act was a member of the Society shall continue to be a member as if registered under this Act.