PORT WORKERS (REGULATION OF EMPLOYMENT) (DISSOLUTION) ACT 2000

LAWS OF MALAYSIA REPRINT Act 607 PORT WORKERS (REGULATION OF EMPLOYMENT) (DISSOLUTION) ACT 2000 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 PORT WORKERS (REGULATIONS OF EMPLOYMENT) (DISSOLUTION) ACT 2000 Date of Royal Assent … … … Date of publication in the Gazette … 21 December 2000 … 23 December 2000 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 3 LAWS OF MALAYSIA Act 607 PORT WORKERS (REGULATION OF EMPLOYMENT) (DISSOLUTION) ACT 2000 ARRANGEMENT OF SECTIONS Section 1. Short title and commencement 2. Interpretation 3. Repeal and dissolution 4. Transfer of powers, rights, etc. 5. Transfer of property 6. Transfer of funds 7. Trust Account 8. Existing contracts, etc. 9. Continuance of proceedings 10. Continuance of laws, etc. 11. Prevention of difficulties or anomalies 4 Laws of Malaysia ACT 607 Port Workers (Regulation of Employment) (Dissolution) LAWS OF MALAYSIA 5 Act 607 PORT WORKERS (REGULATION OF EMPLOYMENT) (DISSOLUTION) ACT 2000 An Act to repeal the Port Workers (Regulation of Employment) Act 1965, to dissolve the Pulau Pinang Port Labour Board established under the Act, and to provide for consequential and ancillary matters. [1 January 2001, P.U. (B) 467/2000] ENACTED by the Parliament of Malaysia as follows: Short title and commencement 1. (1) This Act may be cited as the Port Workers (Regulation of Employment) (Dissolution) Act 2000. (2) This Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “Government” means the Federal Government; “Board” means the Pulau Pinang Port Labour Board established under sections 3 and 4 of the Port Workers (Regulation of Employment) Act 1965 [Act 419]; “Minister” means the Minister charged with the responsibility for human resources; “Federal Lands Commissioner” means the Federal Lands Commissioner appointed under the Federal Lands Commissioner Act 1957 [Act 349]; 6 Laws of Malaysia ACT 607 “appointed date” means the date appointed by the Minister under subsection 1(2). Repeal and dissolution 3. The Port Workers (Regulation of Employment) Act 1965 is repealed and the Board established under that Act is dissolved. Transfer of powers, rights, etc. 4. All powers, rights, privileges, duties, liabilities and obligations which immediately before the appointed date were those of the Board shall, as from that date, devolve on the Government. Transfer of property 5. (1) All lands which immediately before the appointed date were vested in the Board shall, on the appointed date, vest in the Federal Lands Commissioner for the purposes of the Government. (2) All properties and assets other than land which immediately before the appointed date were vested in the Board or in any person or body acting on its behalf shall, on that date, vest in the Government. Transfer of funds 6. All moneys standing in, or due to be paid to, the Board shall, on the appointed date, be transferred or be due to be paid to, and be vested in the Government. Trust Account 7. (1) The moneys referred to in section 6 shall be deposited in a Trust Account operated by the Ministry of Human Resources for the settlement of all outstanding debts of the Board and for the payment of any expenses incurred by the Government in the administration of the Board’s affairs following the dissolution of the Board. (2) The Trust Account shall be operated for a period to be approved by the Minister of Finance and any balance of moneys held in the Trust Account at the end of that period shall be transferred to the Government. Port Workers (Regulation of Employment) (Dissolution) Existing contracts, etc. 7 8. All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the appointed date and affecting any property or money transferred under sections 5 and 6 shall be as of full force and effect, against or in favour of the Government, and enforceable as fully and effectually as if, instead of the Board or any person or body acting on its behalf, the Government had been named therein and had been a party thereto. Continuance of proceedings 9. (1) Any proceedings (whether civil or criminal) or cause of action pending or existing immediately before the appointed date by or against the Board or any person or body acting on its behalf may be continued or instituted by or against the Government as it might have been continued or instituted by or against the Board or such person or body if this Act had not been passed. (2) Any appeal brought, or any leave to appeal applied for, on or after the appointed date, against a decision given before the appointed date in any legal proceedings in which the Board was a party may be brought by or against the Government as it might have been brought by or against the Board if this Act had not been passed. Continuance of laws, etc. 10. (1) Subject to this Act, all written laws, including subsidiary legislation, affecting or for the protection of the Board and in force immediately before the appointed date shall, until amended or revoked by the appropriate authority having power so to do, continue in force and be construed as if this Act had not been passed. (2) Any reference in any of the written laws specified in subsection (1) to the Board shall, unless the context otherwise requires, be construed as a reference to the Government and expressions importing such a reference shall be construed accordingly. 8 Laws of Malaysia ACT 607 Prevention of difficulties or anomalies 11. (1) If any difficulty or anomaly arises in connection with the implementation of this Act, the Minister may by order make such modifications to any provision of this Act as may appear to him to be necessary for removing or preventing such difficulty or anomaly but the Minister shall not exercise the powers conferred by this section after the expiration of three years from the appointed date. (2) In this section, “modification” includes amendment, addition, deletion, substitution, adaptation, variation, alteration and nonapplication of any provision of this Act. Port Workers (Regulation of Employment) (Dissolution) LAWS OF MALAYSIA Act 607 PORT WORKERS (REGULATION OF EMPLOYMENT) (DISSOLUTION) ACT 2000 LIST OF AMENDMENTS Amending law Short title – NIL – In force from 9 10 Laws of Malaysia ACT 607 LAWS OF MALAYSIA Act 607 PORT WORKERS (REGULATION OF EMPLOYMENT) (DISSOLUTION) ACT 2000 LIST OF SECTIONS AMENDED Section Amending authority – NIL – DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA In force from