Repeal
s 25
The Tourist Development Corporation of Malaysia Act 1972 and any regulations made thereunder are hereby repealed.
Malaysia Tourism Promotion Board Act 1992 Part VII — Repeal and transitional provisions
Continuance of members of the Board of Management and officers and servants
s 26
(1) The members of the Board of Management of the Corporation appointed under section 5 of the repealed Act shall, on the appointed day, be members of the Board and shall be subject to all the provisions of this Act relating to such members and shall be deemed to have been appointed under this Act. (2) Every person who immediately before the appointed day was employed as an officer or servant of the Corporation shall on that day be deemed to be employed as such officer or servant, as the case may be, of the Board upon the same terms and conditions of service as before the appointed day. (3) All disciplinary proceedings which, immediately before the appointed day, were pending against any officer or servant of the Corporation on or after that day, may be continued against the officer or servant by the appropriate authority of the Board.
Transfer of fund, assets, property, rights, liabilities and obligations
s 27
(1) Subject to the provisions of this Act, all moneys standing in, and due to be paid to, the fund set up under section 8 of the repealed Act shall on the appointed day be transferred to the Fund. (2) All assets, property, rights, liabilities and obligations which immediately before the appointed day were those of the Corporation shall as from that day devolve on the Board.
Construction
s 28
All references in any other written law to the Corporation shall be construed as references to— (a) in the case of matters relating to licensing or registration, the Commissioner of Tourism; and (b) in any other case, the Board.
Continuance of laws, etc.
s 29
(1) All orders, regulations, directions, appointments, notifications, exemptions and approvals made or given under, or in accordance with, or by virtue of, the repealed Act shall, in so far as they are not inconsistent with the provisions of this Act or the Tourism Industry Act 1992, be deemed to have been made or given under this Act or the Tourism Industry Act 1992 and shall continue in force until other provisions shall be made under this Act or the Tourism Industry Act 1992 or until the date upon which they expire. (2) Any application for a licence or certificate of registration, approval or consent, or for any purpose whatsoever, or any appeal, made by any person to the Minister or the Corporation before the appointed day, and pending immediately before such day, shall, if there is a corresponding provision under this Act or the Tourism Industry Act 1992 be dealt with as if made under that provision, and if there is no such corresponding provision, such application or appeal shall lapse on the appointed day. (3) Any licence or certificate of registration granted under the repealed Act shall be deemed to be a licence or certificate of registration granted under the Tourism Industry Act 1992 and shall remain valid for a period of six months from the appointed day and be subject to the provisions of the said Act applicable to a licence or a certificate of registration or any other condition, limitation or restriction that may be imposed as if it were a licence or certificate of registration granted under that Act. (4) All transactions or dealings lawfully entered into or executed, and all business lawfully done, under or in accordance with the repealed Act by any person who is licensed or registered or deemed to be licensed or registered under the Tourism Industry Act 1992, shall be deemed to have been lawfully and validly entered into, executed or done, under and in accordance with the Tourism Industry Act 1992, and accordingly any right or liability under such transaction, dealing or business existing immediately before the appointed day, shall be deemed to continue to be lawful and valid under the Tourism Industry Act 1992.
Existing contracts
s 30
All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the appointed day shall be in full force and effect against or in favour of the Board and enforceable as fully and effectually as if, instead of the Corporation, or any person acting on behalf of the Corporation, the Board had been named therein or had been a party thereto.
Continuance of criminal and civil proceedings
s 31
(1) The repeal of the repealed Act shall not affect any person’s liability to be prosecuted or punished for offences committed under the repealed Act before the appointed day, or any proceedings brought or sentence imposed before that day in respect of such offence. (2) Any proceedings, whether civil or criminal, or cause of action pending or existing immediately before the appointed day by or against the Corporation may be continued or instituted by or against the Board or the Commissioner of Tourism, as the case may be, as it might have been by or against the Corporation as if this Act or the Tourism Industry Act 1992 had not been passed. (3) Any appeal brought or any leave to appeal applied on or after the appointed day against a decision given in any legal proceedings before that day may be brought by or against the Board or the Commissioner of Tourism, as the case may be, as it might have been brought by or against the Corporation as if this Act or the Tourism Industry Act 1992 had not been passed.
Prevention of anomalies
s 32
(1) If any difficulty arises in respect to the foregoing transitional provisions of this Act the Minister may, by order, make such modifications in those provisions as may appear to him necessary for preventing anomalies: Provided that the Minister shall not exercise the powers conferred by this section after the expiration of two years from the appointed day. (2) In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, variations, alterations and non-application of any provision of this Part.
Back to Malaysia Tourism Promotion Board Act 1992 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 May 2010 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
What to look at next
Malaysia Tourism Promotion Board Act 1992, full textChapter navigation and full text, so you can read this section in contextMalaysia legislationMalaysia Acts by type and yearGrouped by instrument type and year of enactment, so you can find others of the same kindBrowse by type and yearMalaysia: what this database coversWhich datasets are here, which official source they come from, and how current they areMalaysia overview