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Majlis Amanah Rakyat Act 1966 Part VII — Transitional

s 38–s 46 · 9 sections

Repeal of the Rural and Industrial Development Authority Ordinance 1953

s 38

On the appointed day— (i) the Rural and Industrial Development Authority Ordinance 1953 [Ord. No. 48 of 1953] (in this Act referred to as “the Ordinance”) shall cease to have effect and such cesser shall be deemed to be a repeal of that Ordinance for the purpose of the Interpretation Acts 1948 and 1967 [Act 388]; (ii) the Rural and Industrial Development Authority (in this Act referred to as “the Authority”) being a body corporate established under that Ordinance shall likewise cease to exist.

Continuance of laws, etc.

s 39

(1) Subject to this Act, all written laws, orders, rules and regulations affecting or for the protection of the Authority and in force immediately before the appointed day shall, until amended or revoked by the authority having power so to do, continue in force on and after the appointed day and be construed as if this Act had not been passed: Provided that any references therein to the Authority unless the context otherwise requires shall be construed as references to the Majlis, and expressions importing such a reference shall be construed accordingly. (2) All orders, directions, appointments, notifications, rules and regulations made under the Ordinance and in force immediately before the appointed day shall, insofar as they are not inconsistent with this Act, be deemed to have been made under this Act and shall continue in force until other provisions shall be made under this Act or until the date upon which they expire.

Transfer of powers, rights, liabilities and duties

s 40

Subject to this Act, all powers, rights, privileges, duties, liabilities or obligations which immediately before the appointed day were those of the Authority shall as from that day devolve on the Majlis.

Transfer of property

s 41

(1) Subject to this Act, all lands immediately before the appointed day vested in or reserved under any written law relating to land for the purpose of the Authority shall, on that day, as the case may be, vest in or be deemed to be reserved for the purpose of the Majlis. (2) Subject to this Act and to any direction of the Minister, all property and assets other than land which immediately before the appointed day were vested in the Authority or in any person on behalf of the Authority shall on that day vest in the Majlis. (3) It is hereby declared that any property, whether movable or immovable, which immediately before the first day of January 1954, was used for the purposes which after that date became the purposes of the Authority shall on the appointed day be vested in the Majlis.

Existing contracts

s 42

Subject to this Act, all deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the appointed day and affecting any of the property transferred under section 40 shall be of full force and effect against or in favour of the Majlis and enforceable as fully and effectually as if, instead of the Authority, or any person acting on behalf of the Authority, the Majlis had been named therein or had been a party thereto.

Continuance of criminal and civil proceedings

s 43

(1) Subject to this Act, neither the repeal of the Ordinance nor anything contained in this Act shall affect any person’s liability to be prosecuted or punished for offences committed under the Ordinance before the appointed day, or any proceedings brought or sentence imposed before that day in respect of such offence. (2) Subject to this Act, any proceedings (whether civil or criminal) or cause of action pending or existing immediately before the appointed day by or against the Authority or any person acting on behalf of the Authority may be continued or instituted by or against the Majlis as it might have been by or against the Authority or such person if this Act 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 Majlis.

Transfer of Fund

s 44

Subject to this Act, all moneys standing in, and due to be paid to, the fund of the Authority established under section 17 of the Ordinance shall on the appointed day be transferred to the Fund.

Continuance of officers and servants

s 45

Every person who immediately before the appointed day was employed as an officer or servant of the Authority shall on that day be employed as an officer or servant, as the case may be, of the Majlis upon the same terms and conditions of service as those obtaining immediately before the appointed day.

Prevention of anomalies

s 46

If any difficulty arises with 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.

Back to Majlis Amanah Rakyat Act 1966 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 January 2006 (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).

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