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Union of India - Section

Section 34 in THE NATIONAL ANTI-DOPING ACT, 2022

34. Transitional provisions.

On and from the commencement of this Act,—
(a)the Societies, namely, the National Anti-Doping Agency and the National Dope Testing Laboratory shall stand dissolved;
(b)any reference to the Society in any contract or other instrument shall be deemed as a reference to the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, established under this Act;
(c)all properties, movable and immovable, of or belonging to the Society shall vest in the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, established under this Act;
(d)all the rights and liabilities of the Society shall be transferred to, and be the rights and liabilities of, the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, established under this Act;
(e)every person employed by the Society, immediately before such commencement, shall hold office in the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted, and shall continue to be so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by any regulations made under this Act:
Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees;
(f)if there are any pending proceedings, including any disciplinary, arbitration, appeal or other legal proceedings, of whatever nature, by or against the Society, the same shall not get abated or discontinued by reason of the incorporation of the Society under this Act, but such proceedings may be continued or enforced by or against the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, in the same manner and to the same extent as it would or may have been continued or enforced by or against the society, if this Act had not been enacted;
(g)any rules and regulations made prior to such commencement, shall, in so far as they are consistent with the provisions of this Act, continue to be applicable till new rules and regulations are made under this Act.