Section 16: Transfer of undertaking

16. Transfer of undertaking (1) Notwithstanding any other enactment, the two immovable properties specified in the Schedule and belonging to the former association known under the name “Divine Life Society (of Mauritius)” shall, without any other formality, be deemed to have been vested in, and become the property of, the Society as from 2 May 1970. (2) Notwithstanding any other enactment or anything contained in any agreement— (a) any right or obligation existing in favour of or against the former Divine Life Society (of Mauritius) in connection with the immovable properties before the enactment of this Act shall, as from D16 – 3 [Issue 2] Divine Life Society (Mauritius Branch) Act the date of coming into operation of this Act, be deemed to be a right or obligation enforceable against the Society; (b) nothing contained in or authorised by this Act shall— (i) invalidate or discharge the agreement; (ii) release any surety wholly or in part from all or any liability under or in respect of the agreement; or (iii) otherwise place the Society in a position which is less favourable than the Divine Life Society (of Mauritius) would have been if this Act had not been passed. (3) Any action, arbitration, proceedings or cause of action which immediately before the coming into operation of this Act may have been pending or in process against or in favour of the Divine Life Society (of Mauritius), or to which the Divine Life Society (of Mauritius) was a party, may be continued and enforced by, against or in favour of the Society. (4) Any document, matter or thing which would have been admissible in evidence in respect of any matter for or against the Divine Life Society (of Mauritius) if this Act had not been passed, shall be admissible in evidence in respect of the same matter for or against the Society. [S. 16 added by s. 3 of Act 17 of 2008 w.e.f. 10 July 2008.] SCHEDULE [Section 16]