An Act to repeal the South Indian Labour Fund Act 1958, to dissolve the South Indian Labour Fund Board and the South Indian Labour Fund established under the Act, and to provide for consequential and ancillary matters.
ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This Act may be cited as the South Indian Labour Fund (Dissolution) Act 1999.
(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 "appointed date" means the date appointed by the Minister under section I;
"Board" means the South Indian Labour Fund Board established under section 3 of the South Indian Labour Fund Act 1958
[Act 496];
"Fund" means the South Indian Labour Fund established under section 6 of the South Indian Labour Fund Act 1958; Bill "Government" means the Federal Government; "Minister" means the Minister charged with the responsibility for human resources.
Repeal and dissolution
3. The South Indian Labour Fund Act 1958 is repealed and the Board and the Fund established under that Act are dissolved.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 property 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 in the Fund or due to the Board shall, on the appointed date, be transferred to and vest in the Government. Existing contracts, etc.
7. 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 of as 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 or had been a party thereto.
South Indian Labour Fund (Dissolution)
Payment of allowance, etc.
8. (1) Every South Indian labourer who, immediately before the appointed date, was—
(a) residing in the Home for Aged South Indian Labourers; or
(b) registered with the Board,
and receiving any allowance, maintenance or other financial assistance or any welfare assistance or other benefit from the Fund shall, on and after the appointed date, be entitled to continue to receive such allowance, maintenance, financial assistance, welfare assistance or benefit from the Government at such rates as may be approved by the Government.
(2) For the purposes of this section, "South Indian labourer" means any labourer—
(a) whose mother tongue is, or the mother tongue of either of whose parents was, Tamil, Telegu, Malayalam, Canarese or Uriya; and
(b) who was born in, or is descended from persons who were born in, South India.
Continuation of civil proceedings
9. (1) Any proceedings 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 enacted.
(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 to which the Board or any person or body acting on its behalf 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 enacted.
Bill
Continuance of laws, etc.
10. 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 r revoked by the appropriate authority having power so to do, continue in force and be construed as if this Act had not been enacted; and any reference in such written laws 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.
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.
(2) The Minister shall not exercise the powers conferred by subsection (1) after the expiration of three years from the appointed date.
(3) In this section, "modifications" includes amendments, additions, deletions, substitutions, adaptations, variations, alteration and non-application of any provision of this Act.
EXPLANATORY STATEMENT
This Bill seeks to repeal the South Indian Labour Fund Act 1958 ("Act 496") and to dissolve the South Indian Labour Fund Board and the South Indian Labour Fund established under Act 496.
2. Clause 1 of the Bill contains the short title and the power of the Minister to appoint the commencement date of the proposed Act.
3. Clause 2 of the Bill defines certain words and expressions used in the proposed Act.
4. Clauses 3 and 4 of the Bill provide for the dissolution of the Board and the Fund and for the devolution of powers, rights, privileges, duties, liabilities and obligations of the Board to the Government.
South Indian Labour Fund (Dissolution)
5. Clause 5 of the Bill provides for the transfer of land and other property and assets of the Board to the Government.
6. Clause 6 of the Bill provides for the transfer of all moneys in the Fund or due to be paid to the Board to the Government.
7. Clause 7 of the Bill provides for the taking over by the Government of all existing contracts by or against the Board.
8. Clause 8 of the Bill provides for the continued payment of any allowance, maintenance or other financial assistance or welfare assistance or other benefit currently received by South Indian labourers who are residing in the Home for Aged South Indian Labourers or South Indian labourers who are registered with the Board at such rates as may be approved by the Government. The Social Welfare Department will be responsible for the welfare of South Indian labourers who reside in the Home for Aged South Indian Labourers.
9. Clause 9 of the Bill provides for the continuation of legal proceedings by or against the Government in place of the Board.
10. Clause 10 of the Bill provides for the continuance of all written laws including subsidiary legislation which affect or protect the Board with references to the Board being construed as references to the Government,
11. Clause 11 of the Bill seeks to allow the Minister to make orders to remove any difficulties that may arise in connection with the implementation of the proposed Act. However, he may do so only for a period of three years from the commencement of the proposed Act.
FINANCIAL IMPLICATIONS
This Bill will not involve the Government in any extra financial expenditure.
ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This Act may be cited as the South Indian Labour Fund (Dissolution) Act 1999.
(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 "appointed date" means the date appointed by the Minister under section I;
"Board" means the South Indian Labour Fund Board established under section 3 of the South Indian Labour Fund Act 1958
[Act 496];
"Fund" means the South Indian Labour Fund established under section 6 of the South Indian Labour Fund Act 1958; Bill "Government" means the Federal Government; "Minister" means the Minister charged with the responsibility for human resources.
Repeal and dissolution
3. The South Indian Labour Fund Act 1958 is repealed and the Board and the Fund established under that Act are 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 property 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 in the Fund or due to the Board shall, on the appointed date, be transferred to and vest in the Government. Existing contracts, etc.
7. 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 of as 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 or had been a party thereto.
South Indian Labour Fund (Dissolution)
Payment of allowance, etc.
8. (1) Every South Indian labourer who, immediately before the appointed date, was—
(a) residing in the Home for Aged South Indian Labourers; or
(b) registered with the Board,
and receiving any allowance, maintenance or other financial assistance or any welfare assistance or other benefit from the Fund shall, on and after the appointed date, be entitled to continue to receive such allowance, maintenance, financial assistance, welfare assistance or benefit from the Government at such rates as may be approved by the Government.
(2) For the purposes of this section, "South Indian labourer" means any labourer—
(a) whose mother tongue is, or the mother tongue of either of whose parents was, Tamil, Telegu, Malayalam, Canarese or Uriya; and
(b) who was born in, or is descended from persons who were born in, South India.
Continuation of civil proceedings
9. (1) Any proceedings 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 enacted.
(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 to which the Board or any person or body acting on its behalf 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 enacted.
Bill
Continuance of laws, etc.
10. 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 r revoked by the appropriate authority having power so to do, continue in force and be construed as if this Act had not been enacted; and any reference in such written laws 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.
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.
(2) The Minister shall not exercise the powers conferred by subsection (1) after the expiration of three years from the appointed date.
(3) In this section, "modifications" includes amendments, additions, deletions, substitutions, adaptations, variations, alteration and non-application of any provision of this Act.
EXPLANATORY STATEMENT
This Bill seeks to repeal the South Indian Labour Fund Act 1958 ("Act 496") and to dissolve the South Indian Labour Fund Board and the South Indian Labour Fund established under Act 496.
2. Clause 1 of the Bill contains the short title and the power of the Minister to appoint the commencement date of the proposed Act.
3. Clause 2 of the Bill defines certain words and expressions used in the proposed Act.
4. Clauses 3 and 4 of the Bill provide for the dissolution of the Board and the Fund and for the devolution of powers, rights, privileges, duties, liabilities and obligations of the Board to the Government.
South Indian Labour Fund (Dissolution)
5. Clause 5 of the Bill provides for the transfer of land and other property and assets of the Board to the Government.
6. Clause 6 of the Bill provides for the transfer of all moneys in the Fund or due to be paid to the Board to the Government.
7. Clause 7 of the Bill provides for the taking over by the Government of all existing contracts by or against the Board.
8. Clause 8 of the Bill provides for the continued payment of any allowance, maintenance or other financial assistance or welfare assistance or other benefit currently received by South Indian labourers who are residing in the Home for Aged South Indian Labourers or South Indian labourers who are registered with the Board at such rates as may be approved by the Government. The Social Welfare Department will be responsible for the welfare of South Indian labourers who reside in the Home for Aged South Indian Labourers.
9. Clause 9 of the Bill provides for the continuation of legal proceedings by or against the Government in place of the Board.
10. Clause 10 of the Bill provides for the continuance of all written laws including subsidiary legislation which affect or protect the Board with references to the Board being construed as references to the Government,
11. Clause 11 of the Bill seeks to allow the Minister to make orders to remove any difficulties that may arise in connection with the implementation of the proposed Act. However, he may do so only for a period of three years from the commencement of the proposed Act.
FINANCIAL IMPLICATIONS
This Bill will not involve the Government in any extra financial expenditure.
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