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Section 30: Consequential provision Without limiting the general
Public Enterprises Reform and Divestiture Act · 78
Point-in-time consolidation · as at 31 December 2000. This non-pilot lookup is excluded from search indexes pending a deterministic currency check. Verify against the latest Uganda Gazette before relying on it.
Consolidated text
effect of section 29, on and after the appointed day in relation to a public enterprise (a) a reference, express or implied, to the public enterprise in any instrument made, given, passed or executed before the appointed day shall be read and construed as a reference to its successor company;
(b) without prejudice to section 35, a reference express or implied to the public enterprise in any
enactment shall be read and construed as a reference to its successor company;
(c) all contracts, agreements, conveyances, deeds, leases, licences and other instruments, undertakings
and notices whether or not in writing entered into by, made with, given to or by or addressed to the public enterprise whether alone or with any other person before the appointed day and subsisting immediately before the appointed day shall, to the extent that they were previously binding on and enforceable by, against or in favour of the public enterprise, be binding on and enforceable by, against or in favour of its successor company as fully and effectively in every respect as if, instead of the public enterprise, the successor company had been the person by whom they were entered into, with whom they were made, to or by whom they were given or to whom they were addressed, as the case may be;
(d) nothing effected or authorised by this Act shall be regarded-
(i) as placing the public enterprise or its successor company or any other person in breach of
contract or confidence or as otherwise making any of them guilty of a civil wrong;
(ii) as giving rise to a right for any person to terminate or cancel any contract or arrangement or
to accelerate the performance of any obligation; or
(iii) as placing the public enterprise or its successor company or any other person in breach of
any enactment, rule of law or contractual provision prohibiting, restricting or regulating the arrangement or transfer of any property or the disclosure of any information; and
(e) any action, arbitration, proceedings or cause of action which, immediately before the appointed
day, is pending or existing by, against or in favour of the public enterprise or to which the public enterprise is a party may be prosecuted and, without amendment of any writ, pleading or other document, continued and enforced by, against or in favour of its successor company.
Source: laws_africa.