Penang Port Commission Act 1955 · Updated to 1 Jan 2006 · Part VIII
103. Pending proceedings and existing contracts
Feedback & supportNo proceeding or cause of action pending or existing immediately before the appointed day by or against the Board in respect of its undertaking or the Administration in respect of the
appointed day
“appointed day” means the day appointed for the coming into force of this Act;
Prai Wharf undertaking shall abate or be discontinued or be in any way prejudicially affected by reason of anything in this Act, but the proceeding or cause of action may, so far as it relates to either undertaking, be continued and enforced by or against the Commission as it might have been by or against the Board or the Administration, as the case may be, if this Act had not been passed.
Prai Wharf undertaking
“Prai Wharf undertaking” means that part of the undertaking of the Malayan Railway Administration carried on immediately before the appointed day by the Ports Department of the said Administration at Prai Wharf and more particularly within the area shown edged in grey on Miscellaneous Plan No. 85 deposited in the office of the Director of Survey, Penang;
Subject to this Act, all contracts, deeds, bonds, agreements and other instruments, and all working arrangements subsisting immediately before the appointed day and affecting the Board or the Administration shall, so far they relate to the undertaking of the Board or the Prai Wharf undertaking of the Administration, be of full force and effect against or in favour of the Commission, as if, instead of the Board or the Administration, as the case may be, the Commission had been a party thereto or had been named therein.
Commission
“Commission” means the Penang Port Commission established and incorporated under this Act;