The Federal Constitution of Malaysia, Малайзия

Federal Constitution

FEDERAL CONSTITUTION

RepRint

As at 1 November 2010

Printed With the Consent of the Yang di-Pertuan agong

Pursuant to artiCle 160a of the federal Constitution

FEDERAL CONSTITUTION

First introduced as the Constitution of the Federation of Malaya on Merdeka Day … … 31 August 1957

Subsequently introduced as the Constitution of Malaysia on Malaysia Day … … … 16 September 1963

Latest amendment made by Act A1320 which came into operation on … … … 27 December 2007

Previous rePrints

First Reprint ... ... ... ... 1958

Second Reprint ... ... ... ... 1962

Third Reprint ... ... ... ... 1964

Fourth Reprint … … … … 1968

Fifth Reprint … … … … 1970

Sixth Reprint … … … … 1977

Seventh Reprint … … … … 1978

Eighth Reprint … … … … 1982

Ninth Reprint … … … … 1988

Tenth Reprint … … … … 1992

Eleventh Reprint … … … … 1994

Twelfth Reprint … … … … 1997

Thirteenth Reprint … … … … 2002

Fourteenth Reprint … … … … 2006

pubLiSheD by the CoMMiSSioneR oF LAw ReviSion, MALAySiA

2010

CONTENTS

Page

arrangeMent of artiCles 5–17

Constitution 19–214

list of aMendMents 215–220

list of artiCles aMended 221–236

FEDERAL CONSTITUTION

NOTE:

The Notes in small print on unnumbered pages are not part of the authoritative text. They are intended to assist the reader by setting out the chronology of the major amendments to the Federal Constitution and for editorial reasons, are set out in the present format.

Federal Constitution

Federal Constitution

FEDERAL CONSTITUTION

ARRAnGeMent oF ARtiCLeS

Part i

the StAteS, ReLiGion AnD LAw oF the FeDeRAtion

Article

1. name, States and territories of the Federation

2. Admission of new territories into the Federation

3. Religion of the Federation

4. Supreme law of the Federation

Part ii

FunDAMentAL LibeRtieS

5. Liberty of the person

6. Slavery and forced labour prohibited

7. protection against retrospective criminal laws and repeated trials

8. equality

9. prohibition of banishment and freedom of movement

10. Freedom of speech, assembly and association

11. Freedom of religion

12. Rights in respect of education

13. Rights to property

Part iii

CitiZenShip

Chapter 1—Acquisition of Citizenship

14. Citizenship by operation of law

15. Citizenship by registration (wives and children of citizens)

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Article

15a. Special power to register children

16. Citizenship by registration (persons born in the Federation before Merdeka Day)

16a. Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day)

17. (Citizenship by registration (persons resident in the Federation on Merdeka Day)—Repealed)

18. General provisions as to registration

19. Citizenship by naturalization

19a. (Transfer of citizenship to or from Singapore—Repealed)

20. (Naturalization of members of Federation forces—Repealed)

21. (General provisions as to naturalization—Repealed)

22. Citizenship by incorporation of territory

Chapter 2—Termination of Citizenship

23. Renunciation of citizenship

24. Deprivation of citizenship on acquisition or exercise of foreign citizenship, etc.

25. Deprivation of citizenship by registration under Article 16a or 17 or by naturalization

26. other provisions for deprivation of citizenship by registration or naturalization

26a. Deprivation of citizenship of child of person losing citizenship

26b. General provisions as to loss of citizenship

27. procedure for deprivation

28. Application of Chapter 2 to certain citizens by operation of law

28a. Deprivation of citizenship of persons becoming citizens on Malaysia Day

Chapter 3—Supplemental

29. Commonwealth citizenship

30. Certificates of citizenship

30a. (Franchise, etc., of Singapore citizens and other citizens—Repealed)

30b. (Liaison as to citizenship between governments of Federation and of Singapore—Repealed)

31. Application of Second Schedule

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Part iv

the FeDeRAtion

Chapter 1—The Supreme Head

Article

32. Supreme head of the Federation, and his Consort

33. Deputy Supreme head of the Federation

33a. yang di-pertuan Agong shall cease to exercise the functions of the yang di-pertuan Agong if charged with an offence

34. Disabilities of yang di-pertuan Agong, etc.

35. Civil List of the yang di-pertuan Agong and his Consort and remuneration of the timbalan yang di-pertuan Agong

36. public Seal

37. oath of office of yang di-pertuan Agong

Chapter 2—The Conference of Rulers

38. Conference of Rulers

Chapter 3—The Executive

39. executive authority of Federation

40. yang di-pertuan Agong to act on advice

41. Supreme command of armed forces

42. power of pardon, etc.

43. Cabinet

43a. Deputy Ministers

43b. parliamentary Secretaries

43C. political Secretaries

Chapter 4—Federal Legislature

44. Constitution of parliament

45. Composition of Senate

46. Composition of house of Representatives

47. Qualification for membership of parliament

48. Disqualification for membership of parliament

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Article

49. provisions against double membership

50. effect of disqualification, and prohibition of nomination or appointment without consent

51. Resignation of members

52. Absence of a member

53. Decisions as to disqualification

54. vacancies in Senate and casual vacancies

55. Summoning, prorogation and dissolution of parliament

56. president and Deputy president of Senate

57. Speaker and Deputy Speakers of the house of Representatives

58. Remuneration of president, Deputy president, Speaker and Deputy Speakers

59. oaths by members

60. Address by the yang di-pertuan Agong

61. Special provisions as to Cabinet and Attorney General

62. parliamentary procedure

63. privileges of parliament

64. Remuneration of members

65. Clerks of Senate and house of Representatives

Chapter 5—Legislative procedure

66. exercise of legislative power

67. Restriction on introduction of bills and moving of amendments involving taxation, expenditure, etc.

68. Assent to bills passed by house of Representatives only

Chapter 6—Capacity as respects property, contracts and suits

69. Capacity of Federation as respects property, contracts and suits

Part v

the StAteS

70. precedence of Rulers and yang di-pertua-yang di-pertua negeri

71. Federal guarantee of State Constitutions

72. privileges of Legislative Assembly

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Part vi

ReLAtionS between the FeDeRAtion AnD the StAteS

Chapter 1—Distribution of legislative powers

Article

73. extent of federal and State laws

74. Subject matter of federal and State laws

75. inconsistencies between federal and State laws

76. power of parliament to legislate for States in certain cases

76a. power of parliament to extend legislative powers of States

77. Residual power of legislation

78. Legislation restricting use of rivers

79. exercise of concurrent legislative powers

Chapter 2—Distribution of executive powers

80. Distribution of executive powers

81. obligations of States towards Federation

Chapter 3—Distribution of financial burdens

82. Financing of expenditure relating to matters on Concurrent List

Chapter 4—Land

83. Acquisition of land for federal purposes

84. (Reversion to States of land held for federal purposes—Repealed)

85. Grant to Federation of land reserved for federal purposes

86. Disposition of land vested in the Federation

87. Determination of disputes as to land values

88. Application of Articles 83 to 87 to States not having a Ruler

89. Malay reservations

90. Special provisions relating to customary land in negeri Sembilan and Malacca, and Malay holdings in terengganu

91. national Land Council

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Chapter 5—National development

Article

92. national development plan

Chapter 6—Federal surveys, advice to States and inspection of State activities

93. inquiries, surveys and statistics

94. Federal powers in respect of State subjects

95. inspection of State activities

Chapter 7—National Council for Local Government

95a. national Council for Local Government

Chapter 8—Application to States of Sabah and Sarawak

95b. Modifications for States of Sabah and Sarawak of distribution of legislative powers

95C. power by order to extend legislative or executive powers of States

95d. exclusion for States of Sabah and Sarawak of parliament’s power to pass uniform laws about land or local government

95e. exclusion of States of Sabah and Sarawak from national plans for land utilization, local government, development, etc.

Part vii

FinAnCiAL pRoviSionS

Chapter 1—General

96. no taxation unless authorized by law

97. Consolidated Funds

98. expenditure charged on Federal Consolidated Fund

99. Annual financial statement

100. Supply bills

101. Supplementary and excess expenditure

102. power to authorize expenditure on account or for unspecified purposes

10

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Article

103. Contingencies Fund

104. withdrawals from Consolidated Fund

105. Auditor General

106. powers and duties of Auditor General

107. Reports of Auditor General

108. national Finance Council

109. Grants to States

110. Assignment of taxes and fees to the States

111. Restriction on borrowing

112. Restriction on alterations in establishments of States

Chapter 2—Application to States of Sabah and Sarawak

112a. State audits in States of Sabah and Sarawak

112b. borrowing powers of States of Sabah and Sarawak

112C. Special grants and assignments of revenue to States of Sabah and Sarawak

112d. Reviews of special grants to States of Sabah and Sarawak

112e. (Financial arrangements with Singapore—Repealed)

Part viii

eLeCtionS

113. Conduct of elections

114. Constitution of election Commission

115. Assistance to election Commission

116. Federal constituencies

117. State constituencies

118. Method of challenging election

118a. Method of questioning election petition of no return

119. Qualifications of electors

120. Direct elections to the Senate

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Part iX

the JuDiCiARy

Article

121. Judicial power of the Federation

122. Constitution of Federal Court

122a. Constitution of Court of Appeal

122aa. Constitution of the high Courts

122ab. Appointment of judicial commissioner

122b. Appointment of judges of Federal Court, Court of Appeal and high Courts

122C. transfer of judge of one high Court to another

123. Qualifications of judges of Federal Court, Court of Appeal and high Courts

124. oath of office of judges

125. tenure of office and remuneration of judges of Federal Court

125a. exercise of powers by judges

126. power to punish for contempt

127. Restriction on parliamentary discussion of conduct of judge

128. Jurisdiction of Federal Court

129. (Special jurisdiction of Supreme Court as to the interpretation of constitution—Repealed)

130. Advisory jurisdiction of Federal Court

131. (Appeals from Federal Court—Repealed)

131a. provision for incapacity, etc., of Chief Justice, president or Chief Judge

Part X

pubLiC SeRviCeS

132. public services

133. Joint services, etc.

134. Secondment of officers

135. Restriction on dismissal and reduction in rank

136. impartial treatment of federal employees

137. Armed Forces Council

138. Judicial and Legal Service Commission

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Article

139. public Services Commission

140. police Force Commission

141. (Railway Service Commission—Repealed)

141a. education Service Commission

142. General provisions relating to Commissions

143. Conditions of service of members of Commissions

144. Functions of Service Commissions

145. Attorney General

146. Reports of Commissions

146a. (Branch in Borneo States of Judicial and Legal Service Commission— Repealed)

146b. (Branches in each State of Sabah or Sarawak of Public Services Commission—Repealed)

146C. (Supplementary provisions as to branches of Public Services Commission— Repealed)

146d. Jurisdiction of police Force Commission over seconded members of State service in States of Sabah and Sarawak

147. protection of pension rights

148. interpretation of part X

Part Xi

SpeCiAL poweRS AGAinSt SubveRSion, oRGAniZeD vioLenCe, AnD ACtS AnD CRiMeS

pReJuDiCiAL to the pubLiC AnD eMeRGenCy poweRS

149. Legislation against subversion, action prejudicial to public order, etc.

150. proclamation of emergency

151. Restrictions on preventive detention

Part Xii

GeneRAL AnD MiSCeLLAneouS

152. national language

153. Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak

154. Federal capital

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Article

155. Commonwealth reciprocity

156. Contributions in aid of rates in respect of federal and State property

157. Delegation of State functions to another State

158. (Arrangements with Brunei—Repealed)

159. Amendment of the Constitution

159a. operation of transitional provisions of Malaysia Act

160. interpretation

160a. Reprint of the Constitution

160b. Authoritative text

Part Xiia

ADDitionAL pRoteCtionS FoR StAteS oF SAbAh AnD SARAwAK

161. use of english and of native languages in States of Sabah and Sarawak

161a. Special position of natives of States of Sabah and Sarawak

161b. Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak

161C. (Muslim education in Borneo States—Repealed)

161d. (Freedom of religion—Repealed)

161e. Safeguards for constitutional position of States of Sabah and Sarawak

161f. (Use of unofficial languages in Singapore Assembly—Repealed)

161g. (Special position of Malays in Singapore—Repealed)

161h. (Safeguards for constitutional position of Singapore—Repealed)

part Xiii

teMpoRARy AnD tRAnSitionAL pRoviSionS

162. existing laws

163. (Temporary continuation of Emergency Regulations Ordinance 1948— Repealed)

164. (Temporary functions of Legislative Council—Repealed)

165. (Temporary financial provisions—Repealed)

166. Succession to property

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Article

167. Rights, liabilities and obligations

168. (Legal proceedings—Repealed)

169. international agreements, etc., made before Merdeka Day

170. (Temporary provisions for persons qualified for registration as citizens under Federation of Malaya Agreement 1948, Clause 126—Repealed)

171. (Constituencies for first elections—Repealed)

172. (Existing courts—Repealed)

173. (Pending appeals to Privy Council—Repealed)

174. (Judicial appointments and Attorney General—Repealed)

175. Director of Audit to be first Auditor General

176. transfer of officers

177. waiver or postponement of oath of office where appointment continues under this part

178. Remuneration after Merdeka Day

179. Contributions in respect of joint services

180. preservation of pensions, etc.

part Xiv

SAvinG FoR RuLeRS’ SoveReiGnty, ETC.

181. Saving for Rulers’ sovereignty, etc.

part Xv

pRoCeeDinGS AGAinSt the yAnG Dl-peRtuAn AGonG AnD the RuLeRS

182. the Special Court

183. no action to be instituted against the yang di-pertuan Agong or a Ruler except with the consent of the Attorney General personally

sChedules:

First Schedule—oath of Applicants for Registration or naturalization

Second Schedule—

part i — Citizenship by operation of law of persons born before Malaysia Day

15

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part ii — Citizenship by operation of law of persons born on or after Malaysia Day

part iii — Supplementary provisions relating to citizenship

Third Schedule—election of yang di-pertuan Agong and timbalan yang di-pertuan Agong part i — election of yang di-pertuan Agong part ii — election of timbalan yang di-pertuan Agong part iii — Removal of yang di-pertuan Agong part iv — General

Fourth Schedule—oaths of office of yang di-pertuan Agong and timbalan yang di-pertuan Agong part i — oath of yang di-pertuan Agong part ii — oath of timbalan yang di-pertuan Agong part iii — english translations

Fifth Schedule—the Conference of Rulers

Sixth Schedule—Forms of oaths and Affirmations

Seventh Schedule—election of Senators

Eighth Schedule—provisions to be inserted in State Constitutions part i — Final provisions part ii — temporary provisions alternative to provisions in part i

part iii — Modifications of parts i and ii in relation to Malacca and penang

Ninth Schedule—Legislative Lists

Tenth Schedule—Grants and Sources of Revenue Assigned to States part i — Capitation grant part ii — State road grant part iii — Sources of revenue assigned to States part iv — Special grants to States of Sabah and Sarawak part v — Additional sources of revenue assigned to States of

Sabah and Sarawak

Eleventh Schedule—provisions of the interpretation and General Clauses ordinance 1948 (Malayan union ordinance no. 7 of 1948), Applied for interpretation of the Constitution

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Twelfth Schedule—(provisions of the Federation of Malaya Agreement 1948 as applied to the Legislative Council after Merdeka Day— Repealed)

Thirteenth Schedule—provisions relating to delimitation of Constituencies part i — Declaration of and principles relating to the delimitation

of constituencies

part ii — procedure for delimitation of constituencies

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Federal Constitution

Federal Constitution

FEDERAL CONSTITUTION

Part i

the StAteS, ReLiGion AnD LAw oF the FeDeRAtion

Name, States and territories of the Federation

1. (1) the Federation shall be known, in Malay and in english, by the name Malaysia.

(2) the States of the Federation shall be Johore, Kedah, Kelantan, Malacca, negeri Sembilan, pahang, penang, perak, perlis, Sabah, Sarawak, Selangor and terengganu.

(3) Subject to Clause (4), the territories of each of the States mentioned in Clause (2) are the territories comprised therein immediately before Malaysia Day.

(4) the territory of the State of Selangor shall exclude the Federal territory of Kuala Lumpur established under the Constitution (Amendment) (no. 2) Act 1973 [Act A206] and the Federal territory of putrajaya established under the Constitution (Amendment) Act 2001 [Act A1095] and the territory of the State of Sabah shall exclude the Federal territory of Labuan established under the Constitution (Amendment) (no. 2) Act 1984 [Act A585], and all such Federal territories shall be territories of the Federation.

Admission of new territories into the Federation

2. parliament may by law—

(a) admit other States to the Federation;

(b) alter the boundaries of any State,

but a law altering the boundaries of a State shall not be passed without the consent of that State (expressed by a law made by the Legislature of that State) and of the Conference of Rulers.

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Religion of the Federation

3. (1) islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.

(2) in every State other than States not having a Ruler the position of the Ruler as the head of the religion of islam in his State in the manner and to the extent acknowledged and declared by the Constitution of that State, and, subject to that Constitution, all rights, privileges, prerogatives and powers enjoyed by him as head of that religion, are unaffected and unimpaired; but in any acts, observances or ceremonies with respect to which the Conference of Rulers has agreed that they should extend to the Federation as a whole each of the other Rulers shall in his capacity of head of the religion of islam authorize the yang di-pertuan Agong to represent him.

(3) the Constitution of the States of Malacca, penang, Sabah and Sarawak shall each make provision for conferring on the yang di-pertuan Agong the position of head of the religion of islam in that State.

(4) nothing in this Article derogates from any other provision of this Constitution.

(5) notwithstanding anything in this Constitution the yang di-pertuan Agong shall be the head of the religion of islam in the Federal territories of Kuala Lumpur, Labuan and putrajaya; and for this purpose parliament may by law make provisions for regulating islamic religious affairs and for constituting a Council to advise the yang di-pertuan Agong in matters relating to the religion of islam.

Supreme law of the Federation

4. (1) this Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

(2) the validity of any law shall not be questioned on the ground that—

(a) it imposes restrictions on the right mentioned in Clause (2) of Article 9 but does not relate to the matters mentioned therein; or

20[artiCle 3]

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NOTES

Art. 1

the present Article without Clause (4) was inserted by Act 26/1963, section 4, in force from 16-09-1963 (i.e. when Malaysia was established). the original Article as it stood on Merdeka Day read as follows:

“1. (1) the Federation shall be known by the name of persekutuan tanah Melayu (in english the Federation of Malaya).

(2) the States of the Federation are Johore, Kedah, Kelantan, negeri Sembilan, pahang, perak, perlis, Selangor and terengganu (formerly known as the Malay States) and Malacca and penang (formerly known as the Settlements of Malacca and penang).

(3) the territories of each of the States mentioned in Clause (2) are the territories of that State immediately before Merdeka Day.”.

Clause (2) a. Amended by Act 59/1966, section 2, in force from 09-08-1965 (i.e. the date Singapore

left Malaysia) by deleting therefrom paragraph (c) which read as follows: “(c) the State of Singapore.”.

b. the present Clause was substituted by Act A354, section 2, in force from 27-08-1976. this Clause before its substitution by Act A354 was amended by Act 26/1963, section 4, in force from 16-09-1963 (i.e. when Malaysia was established) read as follows:

“(2) the States of the Federation shall be— (a) the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, negeri

Sembilan, pahang, penang, perak, perlis, Selangor and terengganu; (b) the borneo States, namely, Sabah and Sarawak; and (c) the State of Singapore.”.

Clause (3) the words “Subject to Clause (4),” were inserted by Act A206, section 11, in force from 01-02-1974.

Clause (4) a. the original Clause which was added by Act A206, section 11, in force from 01-02-1974

(i.e. the date of the establishment of the Federal territory of Kuala Lumpur) read as follows:

“(4) the territory of the State of Selangor shall exclude the Federal territory established under the Constitution (Amendment) (no. 2) Act 1973.”.

b. Subsequently this Clause was amended by Act A566, subsection 2(1), in force from 01-02-1974, by inserting after the figures “1973” the words, “and the Federal territory shall be a territory of the Federation.”.

c. Subsection 2(2) of Act A566 also provided w.e.f 01-02-1974 that— “Any reference in the Constitution and any other written law to the Federation, Malaya, Malaysia, the States of the Federation, the States of Malaya, or west Malaysia, howsoever used, whether or not used in conjunction with or as part of another expression, shall be construed to include a reference to the Federal territory, unless there is express provision to the contrary or there is something in the subject or context inconsistent with or repugnant to such construction.”.

d. this Clause was substituted by Act A585, section 11, in force from 16-04-1984. e. this Clause was again substituted by Act A1095, section 11, in force from 01-02-2001.

Art. 2

See Art. 22, 133(3) & 159(4)(bb).

Federal Constitution

NOTES

Art. 3

Clause (2) a. the words “States not having a Ruler” substituted for “Malacca and penang” by

Act 26/1963, subsection 7(1), in force from 16-09-1963. b. the words “religion of islam” substituted for “Muslim religion” by Act A354, section 45,

in force from 27-08-1976.

Clause (3) a. Act 26/1963, subsection 7(2), in force from 16-09-1963, substituted the words “penang

and Singapore” for “and penang”. Act 59/1966, section 2, in force from 09-08-1965, restored the original version “and penang”.

b. the words “religion of islam” substituted for “Muslim religion” by Act A354, section 45, in force from 27-08-1976;

c. the words “States of Malacca, penang, Sabah and Sarawak” substituted for “States of Malacca and penang” by Act A354, section 3, in force from 27-08-1976.

d. See Art. 5 of the Constitutions of the States of Malacca and penang.

Clause (5) a. Added by Act A206, section 11, in force from 01-02-1974 and amended by Act A354,

section 45, in force from 27-08-1976, substituted the words “religion of islam” for “Muslim religion” and “islamic” for “Muslim”.

b. the words “territories of Kuala Lumpur and Labuan” substituted for “territory” by Act A585, section 20, in force from 16-04-1984.

c. the words “Kuala Lumpur, Labuan and putrajaya” substituted for “Kuala Lumpur and Labuan” by Act A1095, section 12, in force from 01-02-2001.

Art. 4

Clause (1): See Art. 159a.

Clause (3) the words “in proceedings for a declaration that the law is invalid on that ground or” were inserted by Act 26/1963, section 40, in force from 16-09-1963.

Clause (4) a. Added by Act 26/1963, section 40, in force from 16-09-1963. b. the word “Federal” substituted for “Supreme” by Act A885, section 2, in force from

24-06-1994.

Art. 5

Clause (1): See Art. 149(1).

Clause (2) the words “a high Court” substituted for “the Supreme Court” by Act 26/1963, section 70, in force from 16-09-1963.

Clause (4) a. proviso added by Act A354, section 4, in force from 27-08-1976. b. Additional provisos added by Act A704, section 2, in force from 10-06-1988.

Federal Constitution

(b) it imposes such restrictions as are mentioned in Clause (2) of Article 10 but those restrictions were not deemed necessary or expedient by parliament for the purposes mentioned in that Article.

(3) the validity of any law made by parliament or the Legislature of any State shall not be questioned on the ground that it makes provision with respect to any matter with respect to which parliament or, as the case may be, the Legislature of the State has no power to make laws, except in proceedings for a declaration that the law is invalid on that ground or—

(a) if the law was made by parliament, in proceedings between the Federation and one or more States;

(b) if the law was made by the Legislature of a State, in proceedings between the Federation and that State.

(4) proceedings for a declaration that a law is invalid on the ground mentioned in Clause (3) (not being proceedings falling within paragraph (a) or (b) of the Clause) shall not be commenced without the leave of a judge of the Federal Court; and the Federation shall be entitled to be a party to any such proceedings, and so shall any State that would or might be a party to proceedings brought for the same purpose under paragraph (a) or (b) of the Clause.

Part ii

FunDAMentAL LibeRtieS

Liberty of the person

5. (1) no person shall be deprived of his life or personal liberty save in accordance with law.

(2) where complaint is made to a high Court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him.

(3) where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

21 [artiCle 4]

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(4) where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate’s authority:

provided that this Clause shall not apply to the arrest or detention of any person under the existing law relating to restricted residence, and all the provisions of this Clause shall be deemed to have been an integral part of this Article as from Merdeka Day:

provided further that in its application to a person, other than a citizen, who is arrested or detained under the law relating to immigration, this Clause shall be read as if there were substituted for the words “without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey)” the words “within fourteen days”:

And provided further that in the case of an arrest for an offence which is triable by a Syariah court, references in this Clause to a magistrate shall be construed as including references to a judge of a Syariah court.

(5) Clauses (3) and (4) do not apply to an enemy alien.

Slavery and forced labour prohibited

6. (1) no person shall be held in slavery.

(2) All forms of forced labour are prohibited, but parliament may by law provide for compulsory service for national purposes.

(3) work or service required from any person as a consequence of a conviction or a finding of guilt in a court of law shall not be taken to be forced labour within the meaning of this Article, provided that such work or service is carried out under the supervision and control of a public authority.

(4) where by any written law the whole or any part of the functions of any public authority is to be carried on by another public authority, for the purpose of enabling those functions to be performed the employees of the first-mentioned public authority shall be bound to serve the second-mentioned public authority,

22[artiCle 5]

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NOTES

Art. 6

Clause (3) the present Clause was inserted by Act A1130, section 2, in force from 28-09-2001, and replaced the earlier Clause which read as follows:

“(3) work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article.”.

Clause (4) Added by Act A354, section 5, in force from 27-08-1976.

Federal Constitution

and their service with the second-mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no such employee shall be entitled to demand any right from either the first-mentioned or the second-mentioned public authority by reason of the transfer of his employment.

Protection against retrospective criminal laws and repeated trials

7. (1) no person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.

(2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.

Equality

8. (1) All persons are equal before the law and entitled to the equal protection of the law.

(2) except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.

(3) there shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of any State.

(4) no public authority shall discriminate against any person on the ground that he is resident or carrying on business in any part of the Federation outside the jurisdiction of the authority.

(5) this Article does not invalidate or prohibit—

(a) any provision regulating personal law;

(b) any provision or practice restricting office or employment

23[artiCle 6]

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NOTES

Art. 8

See Art. 12 & 161a(5).

Clause (2) the words “descent, place of birth or gender” substituted for “descent or place of birth” by Act A1130, section 3, in force from 28-09-2001.

Clause (5)(c) the words “Malay peninsula” substituted for “Federation” by Act 26/1963, section 70, in force from 16-09-1963.

Clause (5)(f) See section 6, Armed Forces Act 1972 [Act 77].

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connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion;

(c) any provision for the protection, well-being or advancement of the aboriginal peoples of the Malay peninsula (including the reservation of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service;

(d) any provision prescribing residence in a State or part of a State as a qualification for election or appointment to any authority having jurisdiction only in that State or part, or for voting in such an election;

(e) any provision of a Constitution of a State, being or corresponding to a provision in force immediately before Merdeka Day;

(f) any provision restricting enlistment in the Malay Regiment to Malays.

Prohibition of banishment and freedom of movement

9. (1) no citizen shall be banished or excluded from the Federation.

(2) Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof, public order, public health, or the punishment of offenders, every citizen has the right to move freely throughout the Federation and to reside in any part thereof.

(3) So long as under this Constitution any other State is in a special position as compared with the States of Malaya, parliament may by law impose restrictions, as between that State and other States, on the rights conferred by Clause (2) in respect of movement and residence.

Freedom of speech, assembly and association

10. (1) Subject to Clauses (2), (3) and (4)—

(a) every citizen has the right to freedom of speech and expression;

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NOTES

Art. 9

See Art. 149(1).

Clause (2) a. the words “Subject to Clause (3) and to any law relating to the security of the

Federation or any part thereof” substituted for “Subject to any restriction imposed by any law relating to the security of the Federation” by Act 26/1963, subsection 60(1), in force from 16-09-1963.

b. See Art. 4(2)(a).

Clause (3) a. Added by Act 26/1963, subsection 60(1), in force from 16-09-1963. A proviso which

was added at the same time was repealed by Act 59/1966, section 2, in force from 19-09-1966. As it stood on the date of repeal, the proviso read as follows:

“provided that no restriction on the right of movement between the State of Singapore and the States of Malaya shall be imposed by virtue of this Clause except by a law relating to labour or education or to any matter in respect of which, because of the special position of the State of Singapore, it appears to parliament to be desirable to prevent the enjoyment of rights both in the State of Singapore and in the States of Malaya.”.

b. Applies to laws passed before Malaysia Day so as to impose restrictions with effect from Malaysia Day—See subsection 60(2) of Act 26/1963.

c. the proviso was amended by the addition of “and any such restriction shall apply reciprocally to the States of Malaya and the State of Singapore” at the end of the proviso by Act 19/1964, section 2, in force from 30-07-1964.

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(b) all citizens have the right to assemble peaceably and without arms;

(c) all citizens have the right to form associations.

(2) parliament may by law impose—

(a) on the rights conferred by paragraph (a) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence;

(b) on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof or public order;

(c) on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.

(3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education.

(4) in imposing restrictions in the interest of the security of the Federation or any part thereof or public order under paragraph (a) of Clause (2), parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of part iii, Article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.

Freedom of religion

11. (1) every person has the right to profess and practise his religion and, subject to Clause (4), to propagate it.

(2) no person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.

25[artiCle 10]

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NOTES

Art. 10

See Art. 149(1).

Clause (1) the words “Subject to Clauses (2), (3) and (4)” substituted for “Subject to Clauses (2) and (3)” by Act A30, section 2, in force from 10-03-1971.

Clause (2) a. the words “or any part thereof” which appear in paragraphs (a), (b) and (c) were

inserted by Act 26/1963, subsection 60(3), in force from 16-09-1963. b. See Art. 4(2)(b).

Clause (3) Added by Act 26/1963, subsection 60(4), in force from 16-09-1963, which also amended Clause (1) by substituting the words “Clauses (2) and (3)” for “Clause (2)”.

Clause (4) Added by Act A30, section 2, in force from 10-03-1971.

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(3) every religious group has the right—

(a) to manage its own religious affairs;

(b) to establish and maintain institutions for religious or charitable purposes; and

(c) to acquire and own property and hold and administer it in accordance with law.

(4) State law and in respect of the Federal territories of Kuala Lumpur, Labuan and putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of islam.

(5) this Article does not authorize any act contrary to any general law relating to public order, public health or morality.

Rights in respect of education

12. (1) without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth—

(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or

(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside the Federation).

(2) every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining islamic institutions or provide or assist in providing instruction in the religion of islam and incur such expenditure as may be necessary for the purpose.

26[artiCle 11]

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NOTES

Art. 11

Clause (4) a. the words “and in respect of the Federal territory, federal law” were inserted after

“State law” by Act A206, section 11, in force from 01-02-1974. b. the words “religion of islam” substituted for “Muslim religion” by Act A354,

section 45, in force from 27-08-1976. c. Subsequently the words “territories of Kuala Lumpur and Labuan” substituted for

“territory” by Act A585, section 20, in force from 16-04-1984. d. the words “Kuala Lumpur, Labuan and putrajaya” substituted for “Kuala Lumpur and

Labuan” by Act A1095, section 13, in force from 01-02-2001.

Art. 12

Clause (2) a. the present Clause was inserted by Act A354, section 6, in force from 27-08-1976,

and replaced the earlier Clause which read as follows: “(2) every religious group has the right to establish and maintain institutions for

the education of children and provide therein instruction in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but federal law or State law may provide for special financial aid for the establishment or maintenance of Muslim institutions or the instruction in the Muslim religion of persons professing that religion.”.

b. the words “or State law” which appear after “federal law” in the above Clause were inserted by Act 25/1963, subsection 2(1), in force from 31-08-1957.

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(3) no person shall be required to receive instruction in or to take part in any ceremony or act of worship of a religion other than his own.

(4) For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian.

Rights to property

13. (1) no person shall be deprived of property save in accordance with law.

(2) no law shall provide for the compulsory acquisition or use of property without adequate compensation.

Part iii

CitiZenShip

Chapter 1—Acquisition of Citizenship

Citizenship by operation of law

14. (1) Subject to the provisions of this part, the following persons are citizens by operation of law, that is to say:

(a) every person born before Malaysia Day who is a citizen of the Federation by virtue of the provisions contained in part i of the Second Schedule; and

(b) every person born on or after Malaysia Day, and having any of the qualifications specified in part ii of the Second Schedule.

(c) (Repealed).

(2) (Repealed).

(3) (Repealed).

Citizenship by registration (wives and children of citizens)

15. (1) Subject to Article 18, any married woman whose husband

27[artiCle 12]

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NOTES

Art. 14

1. the present Article was inserted by Act 26/1963, section 23, in force from 16-09-1963, but Clauses (1)(c), (2) and (3), which are reproduced below, were repealed by Act 59/1966, section 2, in force from 09-08-1965:

“(1)(c) every citizen of Singapore. (2) Subject to the provisions of this part, provision with respect to citizenship of Singapore

may be made by the Constitution of that State, and may be amended by laws passed by the Legislature of that State and approved by Act of parliament.

(3) Citizenship of Singapore shall not be severable from citizenship of the Federation, but a Singapore citizen by the loss of either shall lose the other also (subject to the provision made by this part for the enrolment of a Singapore citizen as a citizen who is not a Singapore citizen).”.

2. the earlier Article, as it stood at the date of repeal, read as follows: “14. (1) Subject to the following provisions of this Article, the following persons are citizens by operation of law, that is to say:

(a) every person who, immediately before Merdeka Day, was citizen of the Federation by virtue of any of the provisions of the Federation of Malaya Agreement 1948, whether by operation of law or otherwise;

(b) every person born within the Federation on or after Merdeka Day; (c) every person born outside the Federation on or after Merdeka Day whose father is

a citizen at the time of the birth and either was born within the Federation or is at the time of the birth in service under the Government of the Federation or of a State;

(d) every person born outside the Federation on or after Merdeka Day whose father is a citizen at the time of the birth, if the birth is registered at a Malayan Consulate or, in the case of any such person born within any prescribed territory, with the Federal Government, within one year of its occurrence, or within such longer period as the Federal Government may in any particular case allow.

For the purposes of paragraph (d) of this Clause “prescribed territory” means Singapore, Sarawak, brunei or north borneo, or any such other territory as the yang di-pertuan Agong may by order prescribe for those purposes.

(2) A person is not a citizen by virtue of paragraph (b) of Clause (1) if, at the time of his birth—

(a) his father, not being a citizen of the Federation, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the yang di-pertuan Agong; or

(b) in the case of a birth occurring in a place under occupation by the enemy, his father was an enemy alien; or

(c) neither of his parents was a citizen of the Federation and neither of them was a permanent resident therein:

provided that paragraph (c) of this Clause does not apply— (i) to any person born within the Federation before the date on which section 2 of the

Constitution (Amendment) Act 1962 come into force; (ii) to any person if, as a result of the application of that paragraph, he would not be

a citizen of any country.

(3) For the purposes of this Article a person born on board a registered ship or aircraft shall be deemed to have been born in the place in which the ship or aircraft was registered, and a person born on board an unregistered ship or aircraft of the Government of any country shall be deemed to have been born in that country.

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NOTES Art. 14—(cont.)

(4) For the purposes of paragraph (c) of Clause (2) a person shall be treated as having been at any time a permanent resident in the Federation if, but only if, he was then resident in the Federation and either—

(a) he then had permission, granted without limit of time under any federal law, to reside there; or

(b) it is certified by the Federal Government that he is to be treated for the purposes of the said paragraph (c) as a permanent resident in the Federation.

(5) A certificate of the Federal Government that a person is or was excluded from the application of paragraph (c) of Clause (2) by paragraph (ii) of the proviso to that Clause shall be conclusive evidence of the matter certified.”.

Art. 15

1. the present Article was inserted by Act 26/1963, section 25, in force from 16-09-1963. Act 59/1966, section 2, in force from 09-08-1965, amended it—

a. by repealing Clause (6) which read as follows: “(6) in Clause (1) the words “outside Singapore” shall not have effect in the

case of a woman whose husband is a citizen by naturalization under Clause (2) of Article 19.”;

b. by deleting the references to Singapore and Singapore citizens in Clauses (1) to (5).

Clause (1) See Art. 24(4), 26(2), 28(1)(b) & 28a(3).

Clause (3) See Second Schedule, part iii, section 18.

2. the original Article as it stood on Merdeka Day read as follows: “15. (1) Subject to Article 18, any woman who is married to a citizen is entitled, upon making application to the registration authority, to be registered as a citizen.

(2) Subject to Article 18, any person under the age of twenty-one years whose father is a citizen or, if deceased, was a citizen at the time of his death, is entitled, upon application made to the registration authority by his parent or guardian, to be registered as a citizen if that authority is satisfied that he is ordinarily resident in the Federation and is of good character.

(3) the reference in this Article to a woman who is married is a reference to a woman whose marriage has been registered in accordance with any written law in force in the Federation, including any such law in force before Merdeka Day.”.

3. Clauses (1) and (2) amended by Act 10/1960, section 2, in force from 01-12-1960, by substituting “Federal Government” for “registration authority” and “the Federal Government” for “that authority”. these two Clauses as substituted by Act 14/1962, section 3, in force from 01-10-1962, read as follows:

“15. (1) Subject to Article 18, any woman who is married to a citizen is entitled, upon making application to the Federal Government, to be registered as a citizen if she satisfies the Federal Government—

(a) that she has resided continuously in the Federation for a period of not less than two years immediately preceding the date of the application;

(b) that she intends to reside permanently therein; and (c) that she is of good character.

(2) Subject to Article 18, the Federal Government may cause any person under the age of twenty-one years, being the child of any citizen, to be registered as a citizen upon application made to the Federal Government by his parent or guardian.”.

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is a citizen is entitled, upon making application to the Federal Government, to be registered as a citizen if the marriage was subsisting and the husband a citizen at the beginning of october 1962, or if she satisfies the Federal Government—

(a) that she has resided in the Federation throughout the two years preceding the date of the application and intends to do so permanently; and

(b) that she is of good character.

(2) Subject to Article 18, the Federal Government may cause any person under the age of twenty-one years of whose parents one at least is (or was at death) a citizen to be registered as a citizen upon application made to the Federal Government by his parent or guardian.

(3) Subject to Article 18, a person under the age of twenty- one years who was born before the beginning of october 1962, and whose father is (or was at his death) a citizen and was also a citizen at the beginning of that month (if then alive), is entitled upon application made to the Federal Government by his parent or guardian, to be registered as a citizen if the Federal Government is satisfied that he is ordinarily resident in the Federation and is of good character.

(4) For the purposes of Clause (1) residence before Malaysia Day in the territories comprised in the States of Sabah and Sarawak shall be treated as residence in the Federation.

(5) the reference in Clause (1) to a married woman is a reference to a woman whose marriage has been registered in accordance with any written law in force in the Federation, including any such law in force before Merdeka Day, or with any written law in force before Malaysia Day in the territories comprised in the States of Sabah and Sarawak:

provided that this Clause shall not apply where the woman applies to be registered as a citizen before the beginning of September 1965, or such later date as may be fixed by order of the yang di-pertuan Agong, and is at the date of the application ordinarily resident in the States of Sabah and Sarawak.

(6) (Repealed).

28 [artiCle 15]

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Special power to register children

15A. Subject to Article 18, the Federal Government may, in such special circumstances as it thinks fit, cause any person under the age of twenty-one years to be registered as a citizen.

Citizenship by registration (persons born in the Federation before Merdeka Day)

16. Subject to Article 18, any person of or over the age of eighteen years who was born in the Federation before Merdeka Day is entitled, upon making application to the Federal Government, to be registered as a citizen if he satisfies the Federal Government—

(a) that he has resided in the Federation during the seven years immediately preceding the date of the application, for periods amounting in the aggregate to not less than five years;

(b) that he intends to do so permanently;

(c) that he is of good character; and

(d) that he has an elementary knowledge of the Malay language.

Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day)

16A. Subject to Article 18, any person of or over the age of eighteen years who is on Malaysia Day ordinarily resident in the State of Sabah or Sarawak is entitled, upon making application to the Federal Government before September 1971, to be registered as a citizen if he satisfies the Federal Government—

(a) that he has resided before Malaysia Day in the territories comprised in those States and after Malaysia Day in the Federation for periods which amount in the aggregate to not less than seven years in the ten years immediately preceding the date of the application, and which include the twelve months immediately preceding that date;

(b) that he intends to reside permanently in the Federation;

(c) that he is of good character; and

(d) except where the application is made before September 1965,

29[artiCle 15a]

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NOTES

Art. 15—(cont.) Clauses (4) & (5) the words “States of Sabah and Sarawak” substituted for “borneo States” by Act A514, section 19, in force from 27-08-1976.

Art. 15A

Added by Act 14/1962, section 4, in force from 01-10-1962.

Art. 16

1. Act 10/1960, paragraphs 2(a) and (b), in force from 01-12-1960, substituted the words “Federal Government” for “registration authority” and “the Federal Government” for “that authority”.

2. Act 25/1963, section 8, in force from 29-08-1963, deleted the words “except where the application is made within one year after Merdeka Day” which appeared at the commencement of paragraph (d).

3. Act 26/1963, subsection 29(1), in force from 16-09-1963— a. inserted the words “outside Singapore” after “Federation” in paragraph (a). these

words were subsequently repealed by Act 59/1966, section 2, in force from 09-08-1965; and

b. substituted the words “to do so permanently” for “to reside permanently therein” in paragraph (b).

Art. 16A

1. Added by Act 26/1963, section 26, in force from 16-09-1963.

2. Act 59/1966, section 2, in force from 09-08-1965, deleted the words “outside Singapore” which appeared in paragraphs (a) and (b) after “Federation”.

3. the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, section 19, in force from 27-08-1976.

4. See Art. 25(1), (1a), (2) & 28a(4).

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and the applicant has attained the age of forty-five years at the date of the application, that he has a sufficient knowledge of the Malay language or the english language or, in the case of an applicant ordinarily resident in Sarawak, the Malay language, the english language or any native language in current use in Sarawak.

17. (Repealed).

General provisions as to registration

18. (1) no person of or over the age of eighteen years shall be registered as a citizen under this Constitution until he has taken the oath set out in the First Schedule.

(2) except with the approval of the Federal Government, no person who has renounced or has been deprived of citizenship under this Constitution or who has renounced or has been deprived of federal citizenship or citizenship of the Federation before Merdeka Day under the Federation of Malaya Agreement 1948 shall be registered as a citizen under this Constitution.

(3) A person registered as a citizen under this Constitution shall be a citizen by registration from the day on which he is so registered.

(4) (Repealed).

Citizenship by naturalization

19. (1) Subject to Clause (9), the Federal Government may, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalization to that person if satisfied—

(a) that—

(i) he has resided in the Federation for the required periods and intends, if the certificate is granted, to do so permanently;

(ii) (Repealed);

(b) that he is of good character; and

(c) that he has an adequate knowledge of the Malay language.

30[artiCle 16a]

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NOTES

Art. 17

1. the words “Federal Government” substituted for “registration authority” and “the Federal Government” for “that authority” by Act 10/1960, paragraph 2(a) and (b), in force from 01-12-1960.

2. this Article was repealed by Act 14/1962, section 5, in force from 01-07-1963, the repeal to be without prejudice to the operation of the Article as respects any application for registration thereunder made before the coming into operation of the said section 5. this Article read as follows:

“17. Subject to Article 18, any person of or over the age of eighteen years who was resident in the Federation on Merdeka Day is eligible, subject to the provisions of the Second Schedule, to be registered as a citizen upon making application to the Federal Government if he satisfies the Federal Government—

(a) that he has resided in the Federation, during the twelve years immediately preceding the date of the application, for periods amounting in the aggregate to not less than eight years;

(b) that he intends to reside permanently therein; (c) that he is of good character; and (d) except where the application is made within one year after Merdeka Day and the

applicant has attained the age of forty-five years at the date of the application, that he has an elementary knowledge of the Malay language.”.

3. there are references to this repealed Article in Art. 25(1), (1a), (2), 28(1)(a), 28a(4), 43(7) and in eighth Schedule subsections 2(3) and 20(3), hence reference to Article 17 is retained in the Federal Constitution.

Art. 18

1. the words “this Constitution” which appear in Clause (1), at the end of Clause (2) and in Clause (3) were introduced by Act 26/1963, subsection 29(2), in force from 16-09-1963, and replaced references to Articles 15 and 16. the Act also inserted the words “or the Constitution of the State of Singapore” after the words “deprived of citizenship under this Constitution” in Clause (2) but they were deleted by Act 59/1966, section 2, in force from 09-08-1965.

Clause (4) this Clause which read as follows was repealed by Act 25/1963, section 8, in force from 29-08-1963:

“(4) For the purpose of any application for registration under any of the said Articles, a person shall be deemed to be of good character unless, within the period of three years immediately preceding the date of the application—

(a) he has been convicted by a competent court in any country of a criminal offence for which he was sentenced to death; or

(b) he has been detained under a sentence of imprisonment of twelve months or more imposed on him on his conviction of a criminal offence (whether during or before the said period) by such a court,

and in either case has not received a free pardon in respect of the offence.”.

2. See Art. 15(1), (2), (3), 15a, 16 & 16a.

Art. 19

1. the present Article was inserted by Act 26/1963, section 27, in force from 16-09-1963. Act 59/1966, section 2, in force from 09-08-1965, made the following amendments to it: Clause (1)

a. the words “Subject to Clause (9)” substituted for “Subject to Clauses (7) and (9)”;

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NOTES Art. 19—(cont.)

b. the words “outside Singapore” which appeared in subparagraph (a)(i) after “Federation” were deleted;

c. subparagraph (a)(ii) which read as follows was repealed: “(ii) he has resided in Singapore for the required periods and intends, if the

certificate is granted, to do so permanently;”, Clause (4)

a. the words “outside Singapore” which appeared after “Federation” in line four were deleted and the words “in Singapore before Malaysia Day or with the approval of the Federal Government residence in Singapore after Malaysia Day” substituted for “before Malaysia Day in Singapore”.

b. the words “the States of Sabah and Sarawak” substituted for “the borneo States” by Act A354, section 43, in force from 27-08-1976.

2. Clauses (6), (7) and (8) which read as follows were repealed: “(6) A person to whom a certificate of naturalization is granted shall be a Singapore

citizen if but only if the certificate is granted by virtue of paragraph (a)(ii) of Clause (1). (7) A certificate of naturalization as a Singapore citizen shall not be granted without

the concurrence of the Government of Singapore. (8) Any application for naturalization as a citizen of Singapore which has been made

but not disposed of before Malaysia Day shall as from that day be treated as if it had been an application duly made for naturalization under this Article, and as if anything done in connection therewith before that day under or for the purposes of the law of Singapore had been duly done under or for the purposes of this Article.”.

3. the earlier Article read as follows: “19. Subject to Article 21, the Federal Government may, upon application made by any person of or over the age of twenty-one years, grant a certificate of naturalization to that person if satisfied—

(a) that he has resided in the Federation, during the twelve years preceding the date of the application, for periods amounting in the aggregate to not less than ten years;

(b) that he intends, if the certificate is granted, to reside permanently therein; (c) that he is of good character; (d) that he has an adequate knowledge of the Malay language; and (e) that he has resided continuously in the Federation for a period of not less than

one year immediately preceding the date of the application.”. 4. the word “and” at the end of paragraph (d) was inserted by Act 14/1962, section 6, in force from 01-10-1962.

5. paragraph (e) was inserted by Act 14/1962, section 6, in force from 01-10-1962.

Art. 19A

1. this Article was inserted by Act 26/1963, section 28, in force from 16-09-1963, and was repealed by Act 59/1966, section 2, in force from 09-08-1965. it read as follows:

“19a. (1) the Federal Government may, upon application made by any Singapore citizen of or over the age of twenty-one years, enrol him as a citizen who is not a Singapore citizen, if the Federal Government is satisfied that, had his application been for the grant under Article 19 of a certificate of naturalization as a citizen who is not a Singapore citizen, the conditions of paragraphs (a)(i), (b) and (c) of Clause (1) of that Article for the grant of the certificate would be fulfilled.

(2) in relation to Singapore citizens Articles 15 and 15a shall apply to entitle or allow them to be enrolled as citizens who are not Singapore citizens, in the same way as

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(2) Subject to Clause (9), the Federal Government may, in such special circumstances as it thinks fit, upon application made by any person of or over the age of twenty-one years who is not a citizen, grant a certificate of naturalization to that person if satisfied—

(a) that he has resided in the Federation for the required periods and intends, if the certificate is granted, to do so permanently;

(b) that he is of good character; and (c) that he has an adequate knowledge of the Malay

language.

(3) the periods of residence in the Federation or the relevant part of it which are required for the grant of a certificate of naturalization are periods which amount in the aggregate to not less than ten years in the twelve years immediately preceding the date of the application for the certificate, and which include the twelve months immediately preceding that date.

(4) For the purposes of Clauses (1) and (2) residence before Malaysia Day in the territories comprised in the States of Sabah and Sarawak shall be treated as residence in the Federation; and for the purposes of Clause (2) residence in Singapore before Malaysia Day or with the approval of the Federal Government residence in Singapore after Malaysia Day shall be treated as residence in the Federation.

(5) A person to whom a certificate of naturalization is granted shall be a citizen by naturalization from the date on which the certificate is granted.

(6) (Repealed).

(7) (Repealed).

(8) (Repealed).

(9) no certificate of naturalization shall be granted to any person until he has taken the oath set out in the First Schedule.

19A. (Repealed).

20. (Repealed).

21. (Repealed).

31 [artiCle 19]

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NOTES Art. 19A—(cont.)

those Articles apply, in relation to persons who are not citizens, to entitle or allow them to be registered as citizens, except that references to Article 18 shall not apply, nor shall Clause (6) of Article 15.

(3) A citizen enrolled as being or not being a Singapore citizen by virtue of this Article or by virtue of any corresponding provision in the Constitution of the State of Singapore shall be or not be a Singapore citizen accordingly from the day on which he is so enrolled.

(4) where a person has been enrolled under this Article as a citizen who is not a Singapore citizen, and the Federal Government is satisfied that the enrolment—

(a) was obtained by means of fraud, false representation or the concealment of any material fact; or

(b) was effected by mistake; the Federal Government may cancel the enrolment:

provided that Article 27 shall apply in relation to the cancellation as it applies in relation to an order under Article 24, 25 or 26 depriving a person of citizenship.

(5) where a person’s enrolment as a citizen who is not a Singapore citizen is cancelled under paragraph (a) of Clause (4), and in consequence of that enrolment a child of that person had also been enrolled as such a citizen pursuant to Clause (2) of Article 15 as applied by this Article, the Federal Government may also cancel the child’s enrolment unless the child has attained the age of twenty-one.

(6) where under this Article or under any provision of the Constitution of the State of Singapore a person’s enrolment as a citizen of either description is cancelled, that shall not discharge him from liability in respect of anything done or omitted before the cancellation, but except as regards anything so done or omitted he shall revert to his former status as a citizen.”.

2. there is a reference to this repealed Article in Second Schedule, part iii, subsection 4(3), hence reference to Article 19a is retained in the Federal Constitution.

Art. 20

1. this Article was repealed by Act 14/1962, section 7, in force from 01-02-1964, and read as follows:

“20. (1) Subject to Article 21, the Federal Government shall, upon application made by any person in accordance with Clause (2), grant a certificate of naturalization to that person if satisfied—

(a) that he has served satisfactorily for a period of not less than three years in full- time service, or for a period of not less than four years in part-time service, in such of the armed forces of the Federation as may be prescribed by the Federal Government for the purposes of this Article; and

(b) that he intends, if the certificate is granted, to reside permanently in the States of Malaya.

(2) An application under this Article may be made either while the applicant is serving in such service as aforesaid or within the period of five years, or such longer period as the Federal Government may in any particular case, allow, after his discharge.

(3) References in this Article to service in the armed forces of the Federation include references to service before Merdeka Day; and in calculating for the purposes of this Article the period of full-time service in such forces of a person who has served both in full-time and in part-time service therein, any two months of part-time service shall be treated as one month of full-time service.”.

2. the words “States of Malaya” which appear at the end of Clause (1)(b) were inserted by Act 26/1963, subsection 29(3), in force from 16-09-1963, in substitution for “Federation”.

3. For list of forces prescribed under Article 20(1)(a)—See L.n. 261/1958.

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NOTES

Art. 21

this Article was repealed by Act 26/1963, section 70, in force from 16-09-1963, but continues to have effect for the purposes of repealed Article 20. it read as follows:

“21. (1) A certificate of naturalization shall not be granted to any person until he has taken the oath set out in the First Schedule.

(2) A person to whom a certificate of naturalization is granted shall be a citizen by naturalization from the date on which the certificate is so granted.”.

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Citizenship by incorporation of territory

22. if any new territory is admitted to the Federation after Malaysia Day in pursuance of Article 2, parliament may by law determine what persons are to be citizens by reason of their connection with that territory and the date or dates from which such persons are to be citizens.

Chapter 2—Termination of Citizenship

Renunciation of citizenship

23. (1) Any citizen of or over the age of twenty-one years and of sound mind who is also or is about to become a citizen of another country may renounce his citizenship of the Federation by declaration registered by the Federal Government, and shall thereupon cease to be a citizen.

(2) A declaration made under this Article during any war in which the Federation is engaged shall not be registered except with the approval of the Federal Government.

(3) this Article applies to a woman under the age of twenty- one years who has been married as it applies to a person of or over that age.

Deprivation of citizenship on acquisition or exercise of foreign citizenship, etc.

24. (1) if the Federal Government is satisfied that any citizen has acquired by registration, naturalization or other voluntary and formal act (other than marriage) the citizenship of any country outside the Federation, the Federal Government may by order deprive that person of his citizenship.

(2) if the Federal Government is satisfied that any citizen has voluntarily claimed and exercised in any country outside the Federation any rights available to him under the law of that country, being rights accorded exclusively to its citizens, the Federal Government may by order deprive that person of his citizenship.

32[artiCle 22]

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NOTES

Art. 22

the words “after Malaysia Day” were inserted by Act 26/1963, section 34, in force from 16-09-1963.

Art. 23

Clause (1) a. the words “Federal Government” substituted for “registration authority” by Act 10/1960,

paragraph 2(a), in force from 01-12-1960. b. the words “or is about to become” were inserted by Act 14/1962, section 8, in force

from 31-08-1957.

Clause (2) Act 10/1960, paragraph 2(c), in force from 01-12-1960, deleted the words “, but except as aforesaid the registration authority shall register any declaration duly made thereunder” which appeared at the end of the Clause.

Art. 24

Act 26/1963, subsection 33(1), in force from 16-09-1963, deleted the words “at any time after Merdeka Day” which appeared after “any citizen has” in Clauses (1) and (2).

Clause (1): See Art. 26a & 28(3).

Clause (2) a. the words “any country outside the Federation” substituted for “a foreign country” by

Act A354, paragraph 7(a), in force from 27-08-1976. b. See Art. 27(1), 28(3) & 28a(2).

Clause (3) the words “part of the Commonwealth” substituted for “Commonwealth country” and the words “that part of the Commonwealth” substituted for “that country” by Act 14//1962, subsection 9(2), in force from 01-10-1962. this Clause was repealed by Act A354, paragraph 7(b), in force from 27-08-1976, and read as follows:

“(3) where provision is in force under the law of any part of the Commonwealth for conferring on citizens of that part of the Commonwealth rights not available to other Commonwealth citizens, Clause (2) shall apply, in relation to those rights, as if that part of the Commonwealth were a foreign country.”.

Clause (3a) inserted by Act 14/1962, subsection 9(3), in force from 01-10-1962, and amended by Act A354, paragraph 7(c), in force from 27-08-1976, by deleting the words “and that Clause as applied by Clause (3),” which appear after “generality of Clause (2)”, and deleting “and that Clause as applied as aforesaid”, which appear after “purposes of Clause (2)”.

Clause (4): See Art. 28a(3).

Federal Constitution

(3) (Repealed).

(3a) without prejudice to the generality of Clause (2), the exercise of a vote in any political election in a place outside the Federation shall be deemed to be the voluntary claim and exercise of a right available under the law of that place; and for the purposes of Clause (2), a person who, after such date as the yang di-pertuan Agong may by order* appoint for the purposes of this Clause—

(a) applies to the authorities of a place outside the Federation for the issue or renewal of a passport; or

(b) uses a passport issued by such authorities as a travel document,

shall be deemed voluntarily to claim and exercise a right available under the law of that place, being a right accorded exclusively to the citizens of that place.

(4) if the Federal Government is satisfied that any woman who is a citizen by registration under Clause (1) of Article 15 has acquired the citizenship of any country outside the Federation by virtue of her marriage to a person who is not a citizen, the Federal Government may by order deprive her of her citizenship.

Deprivation of citizenship by registration under Article 16A or 17 or by naturalization

25. (1) the Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16a or 17** or a citizen by naturalization if satisfied—

(a) that he has shown himself by act or speech to be disloyal or disaffected towards the Federation;

(b) that he has, during any war in which the Federation is or was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business which to his knowledge was carried on in such manner as to assist an enemy in that war; or

(c) that he has, within the period of five years beginning with the date of the registration or the grant of the certificate, been sentenced in any country to imprisonment for a

*october 10, 1963—see L.n. 268/1963. **NOTE—this Article has been repealed vide Constitution (Amendment) Act 1962 [Act No. 14 of 1962] w.e.f. 1 July 1963—see L.n. 105/1963. See also notes on Article 17.

33[artiCle 24]

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NOTES Art. 25

See Art. 26b(2), 27(1), 28(2), 28a(2), (4), (5) & (6).

Clause (1) a. Act 14/1962, section 32, in force from 01-10-1962, deleted the words “Subject to

Clause (3)”, which appeared at the commencement. b. Act 26/1963, paragraph 33(2)(a), in force from 16-09-1963, substituted the words

“Article 16a or 17” for “Article 17”.

Clause (1)(c) the word “ringgit” substituted for “dollars” by Malaysian Currency (Ringgit) Act 1975 [Act 160], section 2, in force from 29-08-1975.

Federal Constitution

term of not less than twelve months or to a fine of not less than five thousand ringgit or the equivalent in the currency of that country, and has not received a free pardon in respect of the offence for which he was so sentenced.

(1a) the Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16a or 17* or a citizen by naturalization if satisfied that without the Federal Government’s approval, he has accepted, served in, or performed the duties of any office, post or employment under the Government of any country outside the Federation or any political subdivision thereof, or under any agency of such a Government, in any case where an oath, affirmation or declaration of allegiance is required in respect of the office, post or employment:

provided that a person shall not be deprived of citizenship under this Clause by reason of anything done before the beginning of october 1962, in relation to a foreign country, and before the beginning of January 1977, in relation to a Commonwealth country, notwithstanding that he was at the time a citizen.

(2) the Federal Government may by order deprive of his citizenship any person who is a citizen by registration under Article 16a or 17* or a citizen by naturalization if satisfied that he has been ordinarily resident in countries outside the Federation for a continuous period of five years and during that period has neither—

(a) been at any time in the service of the Federation or of an international organization of which the Federal Government was a member; nor

(b) registered annually at a consulate of the Federation his intention to retain his citizenship:

provided that this Clause shall not apply to any period of residence in any Commonwealth country before the beginning of January 1977.

(3) (Repealed).

*NOTE—this Article has been repealed vide Constitution (Amendment) Act 1962 [Act 14/1962] w.e.f. 1 July 1963—see section 5 of Act 14/1962. See also notes on Article 17.

34[artiCle 25]

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NOTES Art. 25—(cont.)

Clause (1a) a. Added by Act 14/1962, subsection 10(2), in force from 01-10-1962. b. Act 26/1963, paragraphs 33(2)(a) and (b), in force from 16-09-1963, substituted the

words “Article 16a or 17” for “Article 17”, and deleted the words “after the registration or naturalization or the coming into operation of this Clause, whichever is the later, and” and added the proviso.

c. Amended by Act A354, paragraph 8(a) and (b), in force from 27-08-1976, by substituting the words “country outside the Federation” for “foreign country”, and inserting after the words “october, 1962,” in the proviso the words “in relation to a foreign country, and before the beginning of January, 1977, in relation to a Commonwealth country,”.

Clause (2) a. Act 14/1962, subsection 10(3) and section 32, in force from 01-10-1962, substituted

the words “five years (whether beginning before, on or after Merdeka Day)” for “seven years” and deleted the words “Subject to Clause (3)” which appeared at the commencement.

b. Act 26/1963, subsection 33(1) and paragraphs 33(2)(a) and (c), in force from 16-09-1963, deleted the words “(whether beginning before, on or after Merdeka Day)” which had been inserted by Act 14/1962, substituted the words “Article 16a or 17” for “ Article 17”, and substituted the words “consulate of the Federation” for “Malayan Consulate” in paragraph (b).

c. the words “countries outside the Federation” substituted for “foreign countries” by Act A354, paragraph 8(c), in force from 27-08-1976. A new proviso to Clause (2) was added by Act A354, paragraph 8(d), in force from 27-08-1976.

d. Paragraph (c): See Schedule 2 part iii, subsection 4(1). e. See Art. 28(3).

Clause (3) this Clause was repealed by Act 14/1962, section 32, in force from 01-10-1962, and read as follows:

“(3) no person shall be deprived of citizenship under this Article unless the Federal Government is satisfied that it is not conducive to the public good that that person should continue to be a citizen; and no person shall be deprived of citizenship under Clause (1) if, as the result of the deprivation, he would not be a citizen of any country outside the Federation.”.

Federal Constitution

Other provisions for deprivation of citizenship by registration or naturalization

26. (1) the Federal Government may by order deprive of his citizenship any citizen by registration or by naturalization if satisfied that the registration or certificate of naturalization—

(a) was obtained by means of fraud, false representation or the concealment of any material fact; or

(b) was effected or granted by mistake.

(2) the Federal Government may by order deprive of her citizenship any woman who is a citizen by registration under Clause (1) of Article 15 if satisfied that the marriage by virtue of which she was registered has been dissolved, otherwise than by death, within the period of two years beginning with the date of the marriage.

(3) (Repealed).

(4) (Repealed).

Deprivation of citizenship of child of person losing citizenship

26A. where a person has renounced his citizenship or been deprived thereof under Clause (1) of Article 24 or paragraph (a) of Clause (1) of Article 26, the Federal Government may by order deprive of his citizenship any child of that person under the age of twenty-one who has been registered as a citizen pursuant to this Constitution and was so registered as being the child of that person or of that person’s wife or husband.

General provisions as to loss of citizenship

26b. (1) Renunciation or deprivation of citizenship shall not discharge a person from liability in respect of anything done or omitted before he ceased to be a citizen.

(2) no person shall be deprived of citizenship under Article 25, 26 or 26a unless the Federal Government is satisfied that it is not conducive to the public good that he should continue to be a citizen; and no person shall be deprived of citizenship under

35[artiCle 26]

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NOTES

Art. 26

Clause (1), (2) & (3) a. Act l4/1962, section 32, in force from 01-10-1962, deleted Clause (3) and amended

Clauses (1) and (2), by deleting the words “Subject to Clause (3)” which appeared at the commencement of the Clauses, and by subsection 27(3) made the following provision:

“(3) if within one month after the coming into operation of this section the Minister exercises the power of delegation conferred by section 4 of the said Second Schedule as amended by this section, any order under Article 26 of the Constitution made before that exercise of that power (whether made before or after the passing of the Constitution (Amendment) Act 1960) shall be as valid as if the said section 4 had been in force at the time the order was made as it was in force after the coming into operation of this section, and as if the said exercise of the power of delegation had had effect at that time.”.

b. the repealed Clause (3) read as follows: “(3) no person shall be deprived of citizenship under this Article unless the Federal

Government is satisfied that it is not conducive to the public good that that person should continue to be a citizen; and no person shall be deprived of citizenship under paragraph (b) of Clause (1) unless the notice required by Article 27 is given within the period of twelve months beginning with the date of the registration or of the grant of the certificate, as the case may be.”

Clause (4) Act 19/1964, section 3, in force from 30-07-1964, repealed Clause (4). the repealed Clause (4) read as follows:

“(4) except as provided by this Article, the registration of a person as a citizen or the grant of a certificate of naturalization to any person shall not be called in question on the ground of mistake.”.

See Art. 26b(2), 27(1), 28a(2), Second Schedule, part iii, subsections 4(1) & (3).

Clause (1)(a): See Art. 26a.

Clause (1)(b): See Art. 26b(2).

Clause (2): See Art. 28a(3).

Clauses (3) & (4): See note above.

Art. 26A

1. Added by Act 14/1962, section 11, in force from 01-10-1962.

2. Act 26/1963, subsection 29(4), in force from 16-09-1963, substituted the words “this Constitution or the Constitution of the State of Singapore, and was so registered as being the child of that person or of that person’s wife or husband” for “Clause (2) of Article 15”.

3. Act 59/1966, section 2, in force from 09-08-1965, deleted the words “or the Constitution of the State of Singapore”.

4. See Art. 26b(2) & 28a(2).

Art. 26b

Added by Act 14/1962, section 11, in force from 01-10-1962.

Clause (2): See Art. 28a(6).

Federal Constitution

Article 25, paragraph (b) of Clause (1) of Article 26, or Article 26a if the Federal Government is satisfied that as a result of the deprivation he would not be a citizen of any country.

Procedure for deprivation

27. (1) before making an order under Article 24, 25 or 26, the Federal Government shall give to the person against whom the order is proposed to be made notice in writing informing him of the ground on which the order is proposed to be made and of his right to have the case referred to a committee of inquiry under this Article.

(2) if any person to whom such notice is given applies to have the case referred as aforesaid the Federal Government shall, and in any other case the Federal Government may, refer the case to a committee of inquiry consisting of a chairman (being a person possessing judicial experience) and two other members appointed by that Government for the purpose.

(3) in the case of any such reference, the committee shall hold an inquiry in such manner as the Federal Government may direct, and submit its report to that Government; and the Federal Government shall have regard to the report in determining whether to make the order.

Application of Chapter 2 to certain citizens by operation of law

28. (1) For the purposes of the foregoing provisions of this Chapter—

(a) any person who before Merdeka Day became a federal citizen or a citizen of the Federation by registration as a citizen or in consequence of his registration as the subject of a Ruler, or by the grant of a certificate of citizenship, under any provision of the Federation of Malaya Agreement 1948, or of any State law shall be treated as a citizen by registration and, if he was not born within the Federation, as a citizen by registration under Article 17*;

(b) a woman who before that day became a federal citizen or a citizen of the Federation by registration as a citizen, or in consequence of her registration as the subject of

*NOTE—this Article has been repealed vide Constitution (Amendment) Act 1962 [Act 14/1962] w.e.f. 1 July 1963—see section 5 of Act 14/1962. See also notes on Article 17.

36[artiCle 26b]

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NOTES

Art. 27

See Art. 28a(6), Second Schedule, part iii, subsection 4(1) & 9.

Art. 28

1. See Second Schedule, part iii, subsection 10(2).

2. See respective State nationality enactment 1952.

Clause (3) Added by Act 26/1963, subsection 33(1), in force from 16-09-1963.

Federal Constitution

a Ruler, under any provision of the said Agreement or of any State law authorizing the registration of women married to citizens of the Federation or to subjects of the Ruler shall be treated as a citizen by registration under Clause (1) of Article 15;

(c) any person who before that day was naturalized as a federal citizen or a citizen of the Federation under the said Agreement or became a federal citizen or a citizen of the Federation in consequence of his naturalization as the subject of a Ruler under any State law shall (subject to Clause (2)) be treated as a citizen by naturalization,

and references in those provisions to the registration or naturalization of a citizen shall be construed accordingly.

(2) no person born within the Federation shall be liable by virtue of this Article to be deprived of citizenship under Article 25.

(3) A person who on Merdeka Day became a citizen by operation of law as having been a citizen of the Federation immediately before that day shall not be deprived of citizenship under Clause (1) or (2) of Article 24 by reason of anything done on or before that day; but in the case of any such person Clause (2) of Article 25 shall apply equally in relation to a period of residence in foreign countries beginning before Merdeka Day and in relation to such a period beginning on or after that day.

Deprivation of citizenship of persons becoming citizens on Malaysia Day

28A. (1) (Repealed).

(2) For the purposes of Articles 24, 25, 26 and 26a a person who on Malaysia Day becomes a citizen by operation of law because immediately before that day he has the status of a citizen of the united Kingdom and Colonies shall be treated—

(a) as a citizen by registration if he acquired that status by registration; and

(b) as a citizen by naturalization if he acquired that status by or in consequence of naturalization,

and references in those Articles to the registration or naturalization of a citizen shall be construed accordingly.

37[artiCle 28]

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NOTES

Art. 28A

this Article was added by Act 26/1963, section 30, in force from 16-09-1963.

Clause (1) this Clause was repealed by Act 59/1966, section 2, in force from 09-08-1965. it read as follows:

“(1) For the purposes of Articles 24, 25, 26 and 26a a person who is a citizen by operation of law as having the status of a Singapore citizen shall be treated—

(a) as a citizen by registration, if he acquired that status by registration, or if he acquired it by enrolment when he was (or for those purposes was to be treated as being) a citizen of the Federation by registration; and

(b) as a citizen by naturalization, if he acquired that status by naturalization, or if he acquired it by enrolment when he was (or for those purposes was to be treated as being) a citizen of the Federation by naturalization;

and references in those Articles to the registration or naturalization of a citizen shall be construed accordingly.”.

Federal Constitution

(3) where a woman is under this Article to be treated as a citizen by registration, and the status in consequence of which she is to be so treated was acquired by her by virtue of marriage, then for purposes of Clause (4) of Article 24 and Clause (2) of Article 26 she shall be treated as a citizen by registration under Clause (1) of Article 15.

(4) where a person born before Malaysia Day is under this Article to be treated as a citizen by registration by virtue of a connection with the State of Sabah or Sarawak and he was not born in the territories comprised in the States of Sabah and Sarawak, Article 25 shall apply to him as if he were a citizen by registration under Article 16a or 17*.

(5) notwithstanding that a person is under this Article to be treated as a citizen by naturalization, he shall not be deprived of his citizenship under Article 25 if he was born before Malaysia Day in the territories comprised in the States of Sabah and Sarawak and is to be so treated by virtue of a status acquired by or in consequence of naturalization in those territories.

(6) without prejudice to the foregoing Clauses, where on Malaysia Day a person becomes a citizen by operation of law in virtue of any status possessed by him immediately before that day, but he was liable in respect of things done before that day to be deprived of that status under the law relating thereto, then the Federal Government may by order deprive him of his citizenship, if proceedings for that purpose are begun before September 1965; but Clause (2) of Article 26b and, subject to Clause (7), Article 27 shall apply to an order under this Clause as they apply to an order under Article 25.

(7) where a person is liable to be deprived of citizenship under Clause (6) and proceedings had before Malaysia Day been begun to deprive him of the status in virtue of which he acquired his citizenship, those proceedings shall be treated as proceedings to deprive him of citizenship under that Clause, and shall be continued as such; but they shall be continued in accordance with the law relating to that status immediately before Malaysia Day, and the functions of the Federal Government in relation thereto shall be delegated to such authority of the State in question as the Federal Government may determine.

*NOTE—this Article has been repealed vide Constitution (Amendment) Act 1962 [Act 14/1962] w.e.f. 1 July 1963—see section 5 of Act 14/1962. See also notes on Article 17.

38[artiCle 28a]

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NOTES Art. 28A—(cont.)

Clause (4) a. the words “or with Singapore” which appeared after “a borneo State” and the words

“or, as the case may be, in the State of Singapore,” which appeared after “the borneo States” were deleted by Act 59/1966, section 2, in force from 09-08-1965.

b. the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, section 19, in force from 27-08-1976.

Clauses (4) & (5) the words “the States of Sabah and Sarawak” substituted for “the borneo States” by Act A354, section 43, in force from 27-08-1976.

Clauses (6) & (7): See Second Schedule, part iii, subsection 4(2).

Federal Constitution

Chapter 3—Supplemental

Commonwealth citizenship

29. (1) in accordance with the position of the Federation within the Commonwealth, every person who is a citizen of the Federation enjoys by virtue of that citizenship the status of a Commonwealth citizen in common with the citizens of other Commonwealth countries.

(2) Any existing law shall, except so far as parliament otherwise provides, apply in relation to a citizen of the Republic of ireland who is not also a Commonwealth citizen as it applies in relation to a Commonwealth citizen.

Certificates of citizenship

30. (1) the Federal Government may, on the application of any person with respect to whose citizenship a doubt exists, whether of fact or of law, certify that that person is a citizen.

(2) A certificate issued under Clause (1) shall, unless it is proved that it was obtained by means of fraud, false representation or concealment of any material fact, be conclusive evidence that the person to whom it relates was a citizen on the date of the certificate, but without prejudice to any evidence that he was a citizen at an earlier date.

(3) For the purpose of determining whether a person was born a citizen of the Federation, any question whether he was born a citizen of another country shall be decided by the Federal Government, whose certificate thereon (unless proved to have been obtained by means of fraud, false representation or concealment of a material fact) shall be conclusive.

(4) (Repealed).

30A. (Repealed).

30b. (Repealed).

Application of Second Schedule

31. until parliament otherwise provides, the supplementary provisions contained in part iii of the Second Schedule shall have effect for the purposes of this part.

39[artiCle 29]

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NOTES

Art. 30

Clause (1) a. Act 10/1960, paragraph 2(a), in force from 01-12-1960, substituted the words “Federal

Government” for “registration authority”. b. See Second Schedule, part iii, paragraph 10(1)(c).

1. Act 26/1963, subsection 24(3), in force from 16-09-1963, added Clauses (3) and (4) and amended Clause (2) by substituting the words “Clause (1)” for “this Article”.

2. Act 59/1966, section 2, in force from 09-08-1965, deleted the words “; and this Clause shall apply to questions arising under the Constitution of the State of Singapore as well as to questions arising under this Constitution” which appeared at the end of Clause (3) and repealed Clause (4) which read as follows:

“(4) Any certificate issued under Clause (1) may state that the person to whom it relates is or is not a Singapore citizen, and Clause (2) shall apply accordingly; and if the Constitution of the State of Singapore provides for the government of the State to issue certificates of Singapore citizenship, Clause (2) shall apply in relation to a certificate issued under that provision as it applies to a certificate issued under Clause (1).”.

3. See Second Schedule, part iii, paragraph 16(2)(c).

Art 30A

this Article was inserted by Act 26/1963, section 31, in force from 16-09-1963, and repealed by Act 59/1966, section 2, in force from 09-08-1965. it read as follows:

“30a. (1) notwithstanding anything in Article 47, a Singapore citizen is not qualified to be an elected member of either house of parliament except as a member for or from Singapore; and a citizen who is not a Singapore citizen is not qualified to be a member of either house for or from Singapore.

(2) A Singapore citizen shall not be qualified to be an elected member of the Legislative Assembly of any State other than Singapore, and a citizen who is not a Singapore citizen shall not be qualified to be a member of the Legislative Assembly of Singapore.

(3) notwithstanding anything in Article 119, a citizen is not entitled to vote in a constituency in any election to the house of Representatives or a Legislative Assembly if—

(a) the constituency is not in the State of Singapore and he is on the qualifying date (as defined in that Article) a Singapore citizen; or

(b) if the constituency is in the State of Singapore and he is not on that date a Singapore citizen.

(4) Any election of a person to either house of parliament or to a Legislative Assembly contrary to Clause (1) or (2) shall be void; and if a member of either house or of a Legislative Assembly (not being an appointed member) changes his status as being or not being a Singapore citizen, his seat shall become vacant.”.

Art. 30b

this Article was inserted by Act 26/1963, section 32, in force from 16-09-1963, and repealed by Act 59/1966, section 2, in force from 09-08-1965. it read as follows:

“30b. (1) where under this Constitution a person becomes a Singapore citizen by naturalization, or is enrolled as a citizen who is not a Singapore citizen, or being a Singapore citizen renounces or is deprived of his citizenship, or where a certificate of citizenship or other certificate is issued under Article 30 in relation to citizenship of Singapore, the Federal Government shall notify the government of Singapore of that fact.

Federal Constitution

part iv

the FeDeRAtion

Chapter 1—The Supreme Head

Supreme Head of the Federation, and his Consort

32. (1) there shall be a Supreme head of the Federation, to be called the yang di-pertuan Agong, who shall take precedence over all persons in the Federation and shall not be liable to any proceedings whatsoever in any court except in the Special Court established under part Xv.

(2) the Consort of the yang di-pertuan Agong (to be called the Raja permaisuri Agong) shall take precedence next after the yang di-pertuan Agong over all other persons in the Federation.

(3) the yang di-pertuan Agong shall be elected by the Conference of Rulers for a term of five years, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers or be removed from office by the Conference of Rulers, and shall cease to hold office on ceasing to be a Ruler.

(4) the provisions of parts i and iii of the third Schedule shall apply to the election and removal of the yang di-pertuan Agong.

Deputy Supreme Head of the Federation

33. (1) there shall be a Deputy Supreme head of the Federation (to be called the timbalan yang di-pertuan Agong) who shall exercise the functions and have the privileges of the yang di- pertuan Agong during any vacancy in the office of the yang di-pertuan Agong and during any period during which the yang di-pertuan Agong is unable to exercise the functions of his office owing to illness, absence from the Federation or for any other cause, but the timbalan yang di-pertuan Agong shall not exercise those functions during any inability or absence of the yang di- pertuan Agong which is expected to be less than fifteen days, unless the timbalan yang di-pertuan Agong is satisfied that it is necessary or expedient to exercise such functions.

(2) the timbalan yang di-pertuan Agong shall be elected by the Conference of Rulers for a term of five years, or if elected

40[artiCle 32]

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NOTES

Art. 30b—(cont.)

(2) where under the Constitution of the State of Singapore a person becomes a Singapore citizen by registration, or is enrolled as a Singapore citizen, or is deprived of his citizenship, or where a certificate of citizenship is issued under that Constitution, the government of Singapore shall notify the Federal Government of that fact.”.

Art. 31

Amended by Act 26/1963, paragraph 24(1)(b), in force from 16-09-1963, by inserting the words “part iii of”.

Art. 32

Clause (1) the words “except in the Special Court established under part Xv” were inserted by Act A848, section 2, in force from 30-03-1993.

Clause (2) the words “to be called” substituted for “who shall be known as” by Act A354, section 9, in force from 27-08-1976.

Art. 33

Clause (1) the words “to be called” substituted for “to be known as”, and the words “but the timbalan yang di-pertuan Agong shall not exercise those functions during any inability or absence of the yang di-pertuan Agong which is expected to be less than fifteen days, unless the timbalan yang di-pertuan Agong is satisfied that it is necessary or expedient to exercise such functions” substituted for “but the Deputy Supreme head shall not exercise those functions during any absence of the yang di-pertuan Agong which is expected to be less than fifteen days” by Act A354, section 10, in force from 27-08-1976.

Clause (2) the words “timbalan yang di-pertuan Agong” substituted for “Deputy Supreme head” by Act A354, section 11, in force from 27-08-1976.

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during the term for which the yang di-pertuan Agong was elected, for the remainder of that term, but may at any time resign his office by writing under his hand addressed to the Conference of Rulers and shall cease to hold office on ceasing to be a Ruler.

(3) if during the term for which the timbalan yang di-pertuan Agong was elected a vacancy occurs in the office of the yang di-pertuan Agong his term shall expire on the cessation of the vacancy.

(4) the provisions of part ii of the third Schedule shall apply to the election of the timbalan yang di-pertuan Agong.

(5) parliament may by law* provide for the exercise by a Ruler of the functions of the yang di-pertuan Agong in cases where those functions would under Clause (1) fall to be exercised by the timbalan yang di-pertuan Agong but cannot be so exercised owing to a vacancy in the office of the timbalan yang di-pertuan Agong or to his illness, absence from the Federation or to any other cause; but such a law shall not be passed without the consent of the Conference of Rulers.

Yang di-Pertuan Agong shall cease to exercise the functions of the Yang di-Pertuan Agong if charged with an offence

33A. (1) where the yang di-pertuan Agong is charged with an offence under any law in the Special Court established under part Xv he shall cease to exercise the functions of the yang di- pertuan Agong.

(2) the period during which the yang di-pertuan Agong ceases, under Clause (1), to exercise the functions of the yang di-pertuan Agong shall be deemed to be part of the term of office of the yang di-pertuan Agong provided for in Clause (3) of Article 32.

Disabilities of Yang di-Pertuan Agong, etc.

34. (1) the yang di-pertuan Agong shall not exercise his functions as Ruler of his State except those of head of the religion of islam.

(2) the yang di-pertuan Agong shall not hold any appointment carrying any remuneration.

*See yang di-pertuan Agong (exercise of Functions) Act 1957 [Act 373].

41[artiCle 33]

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NOTES

Art. 33—(cont.)

Clause (3) the words “timbalan yang di-pertuan Agong” substituted for “Deputy Supreme head of the Federation” by Act A354, section 11, in force from 27-08-1976.

Clause (5) a. See Art. 37(4). b. yang di-pertuan Agong (exercise of Functions) Act 1957 [Act 373].

Art. 33A

this Article was added by Act A848, section 2a, in force from 30-03-1993.

Art. 34

Clause (1) the words “religion of islam” substituted for “Muslim religion” by Act A354, section 45, in force from 27-08-1976.

Clause (2) the words “appointment carrying any remuneration” substituted for “office of profit” by Act A354, paragraph 12(a), in force from 27-08-1976.

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(3) the yang di-pertuan Agong shall not actively engage in any commercial enterprise.

(4) the yang di-pertuan Agong shall not receive any emoluments of any kind whatever payable or accruing to him as the Ruler of his State under the provisions of the Constitution of that State or of any State law.

(5) the yang di-pertuan Agong shall not, without the consent of the Conference of Rulers, be absent from the Federation for more than fifteen days, except on a State visit to another country.

(6) Clauses (2) and (3) shall also apply to the Raja permaisuri Agong.

(7) where the timbalan yang di-pertuan Agong or any other person authorized by law exercises the functions of the yang di- pertuan Agong for a period exceeding fifteen days Clauses (1) to (5) shall apply to him during that period as they apply to the yang di-pertuan Agong.

(8) nothing in Clause (1) shall prevent the yang di-pertuan Agong exercising as Ruler of his State any power vested in him either alone or in conjunction with any other authority—

(a) to amend the Constitution of the State; or (b) to appoint a Regent or member of a Council of Regency

in the place of any Regent or member, as the case may be, who has died or has become incapable for any reason of performing the duties of the office of Regent or member of the Council of Regency respectively.

Civil List of the Yang di-Pertuan Agong and his Consort and remuneration of the Timbalan Yang di-Pertuan Agong

35. (1) parliament shall by law* provide a Civil List of the yang di-pertuan Agong which shall include provision for an annuity to be paid to the Raja permaisuri Agong, and shall be charged on the Consolidated Fund and shall not be diminished during the yang di-pertuan Agong’s continuance in office.

(2) parliament shall by law** make provision for the remuneration of the timbalan yang di-pertuan Agong or any other *See Civil List Act 1982 [Act 269]. **See timbalan yang di-pertuan Agong (Remuneration) Act 1958 [Act 374].

42[artiCle 34]

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NOTES

Art. 34—(cont.)

Clause (6) the present Clause was substituted by Act A354, paragraph 12(b), in force from 27-08-1976 and replaced the earlier Clause which read as follows:

“(6) the Raja permaisuri Agong shall not hold any office under the Federation or any State.”.

Clause (7) the words “timbalan yang di-pertuan Agong” substituted for “Deputy Supreme head of the Federation” by Act A354, section 11, in force from 27-08-1976.

Clause (8) this Clause was inserted by Act 10/1960, subsection 3(1), in force from 31-05-1960. it replaces the earlier Clause added by F.M. ordinance 42/1958 section 2, in force from 05-12- 1958, which read as follows:

“(8) nothing in Clause (1) shall prevent the yang di-pertuan Agong exercising as Ruler of his State any power vested in him either alone or in conjunction with any other authority—

(a) to amend the Constitution of the State for the purpose of— (i) incorporating therein all or any of the essential provisions referred to in

Clause (4) of Article 71, or provisions substantially to the same effect; (ii) removing from the Constitution of the State any provision inconsistent with

such essential provisions; or (iii) bringing about a satisfactory transition to the constitutional arrangements

contemplated by such essential provisions; or (b) to appoint a Regent or member of a Council of Regency in the place of any Regent

or member, as the case may be, who has died or has become incapable for any reasons of performing the duties of the office of Regent or member of the Council of Regency respectively.”.

Art. 35

Clause (1) the words “which shall include provision for an annuity to be paid to the Raja permaisuri Agong, and” substituted for “and a Civil List of the Raja permaisuri Agong and those Civil Lists” by Act 14/1962, section 12, in force from 21-06-1962.

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person authorized by law to exercise the functions of the yang di-pertuan Agong during any period during which he exercises those functions and the remuneration for which provision is made in pursuance of this Clause shall be charged on the Consolidated Fund.

Public Seal

36. the yang di-pertuan Agong shall keep and use the public Seal* of the Federation.

Oath of office of Yang di-Pertuan Agong

37. (1) the yang di-pertuan Agong shall before exercising his functions take and subscribe before the Conference of Rulers and in the presence of the Chief Justice of the Federal Court (or in his absence the next senior judge of the Federal Court available) the oath of office set out in part i of the Fourth Schedule; and the oath shall be attested by two persons appointed for the purpose by the Conference of Rulers.

(2) the timbalan yang di-pertuan Agong shall before exercising his functions, other than the functions exercisable for the purpose of convening the Conference of Rulers, take and subscribe before the Conference of Rulers and in the presence of the Chief Justice of the Federal Court (or in his absence the next senior judge of the Federal Court available) the oath of office set out in part ii of the Fourth Schedule.

(3) the said oaths, translated into english, are set out in part iii of the Fourth Schedule.

(4) Any law made under Clause (5) of Article 33 shall make provision corresponding (with the necessary modifications) to Clause (2).

Chapter 2—The Conference of Rulers

Conference of Rulers

38. (1) there shall be a Majlis Raja-Raja (Conference of Rulers), which shall be constituted in accordance with the Fifth Schedule.

43[artiCle 35]

*See F.M.G.n. 3625/1952

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NOTES

Art. 35—(cont.)

Clause (2) a. the words “and the remuneration for which provision is made in pursuance of this

Clause shall be charged on the Consolidated Fund” were added by Act 19/1964, subsection 4(1), in force from 01-01-1965.

b. the words “timbalan yang di-pertuan Agong” substituted for “Deputy Supreme head” and “Deputy Supreme head of the Federation” by Act A354, section 11, in force from 27-08-1976.

Art. 37

1. the words “Lord president of the Federal Court” and “Federal Court” which appear in Clauses (1) and (2) substituted for “Chief Justice of the Federation” and “Supreme Court” by Act 26/1963, section 70, in force from 16-09-1963.

2. Subsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

3. the words “Federal” and “Chief Justice of the Federal Court” substituted for “Supreme” and “Lord president of the Supreme Court” by Act A885, section 3, in force from 24-06-1994.

Clause (2) the words “timbalan yang di-pertuan Agong” substituted for “Deputy Supreme head of the Federation” by Act A354, section 11, in force from 27-08-1976.

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(2) the Conference of Rulers shall exercise its functions of—

(a) electing, in accordance with the provisions of the third Schedule, the yang di-pertuan Agong and timbalan yang di-pertuan Agong;

(b) agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole;

(c) consenting or withholding consent to any law and making or giving advice on any appointment which under this Constitution requires the consent of the Conference or is to be made by or after consultation with the Conference;

(d) appointing members of the Special Court under Clause (1) of Article 182;

(e) granting pardons, reprieves and respites, or of remitting, suspending or commuting sentences, under Clause (12) of Article 42,

and may deliberate on questions of national policy (for example changes in immigration policy) and any other matter that it thinks fit.

(3) when the Conference deliberates on matters of national policy the yang di-pertuan Agong shall be accompanied by the prime Minister, and the other Rulers and the yang di-pertua- yang di-pertua negeri by their Menteri-Menteri besar or Chief Ministers; and the deliberations shall be among the functions exercised, by the yang di-pertuan Agong in accordance with the advice of the Cabinet, and by the other Rulers and the yang di- pertua-yang di-pertua negeri in accordance with the advice of their executive Councils.

(4) no law directly affecting the privileges, position, honours or dignities of the Rulers shall be passed without the consent of the Conference of Rulers.

(5) the Conference of Rulers shall be consulted before any change in policy affecting administrative action under Article 153 is made.

(6) the members of the Conference of Rulers may act in their discretion in any proceedings relating to the following functions, that is to say:

44[artiCle 38]

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NOTES

Art. 38

Clause (2)(a) the words “timbalan yang di-pertuan Agong” substituted for “Deputy Supreme head of the Federation” by Act A354, section 11, in force from 27-08-1976.

Clause (2)(d) & (e): Added by Act A848, paragraph 3(a), in force from 30-03-1993.

Clause (3) the words “yang di-pertua-yang di-pertua negeri” substituted for “Governors” by Act A514, section 19, in force from 27-08-1976.

Clause (6) the words “timbalan yang di-pertuan Agong” substituted for “Deputy Supreme head of the Federation” by Act A354, section 11, in force from 27-08-1976.

Clauses (6)(e) & (f): Added by Act A848, paragraph 3(b), in force from 30-03-1993.

Clause (7) a. this Clause which was added by Act 26/1963, subsection 7(3), in force from

16-09-1963, and repealed by Act A354, section 13, in force from 27-08-1976, read as follows:

“(7) the function of the Conference of Rulers of agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole shall not extend to Sabah or Sarawak, and accordingly those States shall be treated as excluded from the references in Clause (2) of Article 3 and in this Article to the Federation as a whole.”.

b. See Art. 159(5).

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(a) the election or removal from office of the yang di-pertuan Agong or the election of the timbalan yang di-pertuan Agong;

(b) the advising on any appointment;

(c) the giving or withholding of consent to any law altering the boundaries of a State or affecting the privileges, position, honours or dignities of the Rulers;

(d) the agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole;

(e) the appointment of members of the Special Court under Clause (1) of Article 182; or

(f) the granting of pardons, reprieves and respites, or of remitting, suspending or commuting sentences, under Clause (12) of Article 42.

(7) (Repealed).

Chapter 3—The Executive

Executive authority of Federation

39. the executive authority of the Federation shall be vested in the yang di-pertuan Agong and exercisable, subject to the provisions of any federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorized by the Cabinet, but parliament may by law confer executive functions on other persons.

Yang di-Pertuan Agong to act on advice

40. (1) in the exercise of his functions under this Constitution or federal law the yang di-pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government of the Federation which is available to the Cabinet.

(1a) in the exercise of his functions under this Constitution or federal law, where the yang di-pertuan Agong is to act in

45[artiCle 38]

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NOTES

Art. 39

the words “and exercisable, subject to the provisions of any federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorized by the Cabinet” were inserted by Act 14/1962, section 13, in force from 31-08-1957.

Art. 40

See Art. 153(2).

Clause (1a): inserted by Act A885, section 4, in force from 24-06-1994.

Clause (2) the words “their Royal highnesses” substituted for “their highnesses” by Act A31, section 2, in force from 24-03-1971.

Clause (3): See Art. 42(4)(a).

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accordance with advice, on advice, or after considering advice, the yang di-pertuan Agong shall accept and act in accordance with such advice.

(2) the yang di-pertuan Agong may act in his discretion in the performance of the following functions, that is to say:

(a) the appointment of a prime Minister;

(b) the withholding of consent to a request for the dissolution of parliament;

(c) the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of their Royal highnesses, and any action at such a meeting,

and in any other case mentioned in this Constitution.

(3) Federal law may make provision for requiring the yang di-pertuan Agong to act after consultation with or on the recommendation of any person or body of persons other than the Cabinet in the exercise of any of his functions other than—

(a) functions exercisable in his discretion;

(b) functions with respect to the exercise of which provision is made in any other Article.

Supreme command of armed forces

41. the yang di-pertuan Agong shall be the Supreme Commander of the armed forces of the Federation.

Power of pardon, etc.

42. (1) the yang di-pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal territories of Kuala Lumpur, Labuan and putrajaya; and the Ruler or yang di-pertua negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State.

46[artiCle 40]

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NOTES

Art. 42

Clauses (1), (2) & (10) a. the words “territories of Kuala Lumpur and Labuan” substituted for “territory” by

Act A585, paragraph 12(a), in force from 16-04-1984. b. Subsequently the words “Kuala Lumpur, Labuan and putrajaya” substituted for

“Kuala Lumpur and Labuan” by Act A1095, paragraph 14(a), in force from 01-02-2001.

Clause (1) a. the words “and all offences committed in the Federal territory” which appear

after “court-martial” were inserted by Act A206, section 11, in force from 01-02-1974.

b. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

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(2) Subject to Clause (10), and without prejudice to any provision of federal law relating to remission of sentences for good conduct or special services, any power conferred by federal or State law to remit, suspend or commute sentences for any offence shall be exercisable by the yang di-pertuan Agong if the sentence was passed by a court-martial or by a civil court exercising jurisdiction in the Federal territories of Kuala Lumpur, Labuan and putrajaya and, in any other case, shall be exercisable by the Ruler or yang di-pertua negeri of the State in which the offence was committed.

(3) where an offence was committed wholly or partly outside the Federation or in more than one State or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this Article as having been committed in the State in which it was tried. For the purpose of this Clause the Federal territory of Kuala Lumpur, the Federal territory of Labuan and the Federal territory of putrajaya, shall each be regarded as a State.

(4) the powers mentioned in this Article—

(a) are, so far as they are exercisable by the yang di-pertuan Agong, among functions with respect to which federal law may make provision under Clause (3) of Article 40;

(b) shall, so far as they are exercisable by the Ruler or yang di-pertua negeri of a State, be exercised on the advice of a pardons board constituted for that State in accordance with Clause (5).

(5) the pardons board constituted for each State shall consist of the Attorney General of the Federation, the Chief Minister of the State and not more than three other members, who shall be appointed by the Ruler or yang di-pertua negeri; but the Attorney General may from time to time by instrument in writing delegate his functions as a member of the board to any other person, and the Ruler or yang di-pertua negeri may appoint any person to exercise temporarily the functions of any member of the board appointed by him who is absent or unable to act.

(6) the members of a pardons board appointed by the Ruler or yang di-pertua negeri shall be appointed for a term of three years and shall be eligible for reappointment, but may at any time resign from the board.

47[artiCle 42]

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NOTES

Art 42—(cont.)

Clause (2) a. the words “or by a civil court exercising jurisdiction in the Federal territory” which

appear after “court-martial” were inserted by Act A206, section 11, in force from 01-02-1974.

b. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

c. the words “and without prejudice to any provision of federal law relating to remission of sentences for good conduct or special services,” were inserted by Act A514, section 2, in force from 15-05-1981. Act A514, subsection 2(2), read as follows:

“Any remission for good conduct or special services authorized by federal law and granted before the commencement of this Act shall be deemed to have been validly granted.”.

d. See note under Art. 42(10).

Clause (3) a. the words “For the purpose of this Clause the Federal territory shall be regarded as

a State.” were added by Act A206, section 11, in force from 01-02-1974. b. the words “the Federal territory of Kuala Lumpur or the Federal territory of Labuan,

as the case may be, shall each be regarded as a state” substituted for “the Federal territory shall be regarded as a State” by Act A585, paragraph 12(b), in force from 16-04-1984.

c. Subsequently, the words “Federal territory of Kuala Lumpur, the Federal territory of Labuan and the Federal territory of putrajaya” substituted for “Federal territory of Kuala Lumpur or the Federal territory of Labuan, as the case may be” by Act A1095, paragraph 14(b), in force from 01-02-2001.

Clauses (4), (5), (6), (7) & (8) the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

Clause (7) the words “by the Ruler or Governor” were inserted by Act 26/1963, section 70, in force from 16-09-1963.

Clause (10) a. Added by Act 10/1960, section 4, in force from 31-05-1960, which also amended

Clause (2) by inserting the words “Subject to Clause (10), any”. b. Act 26/1963, subsection 7(2), in force from 16-09-1963, substituted the words “penang

or Singapore” for “or penang”. c. Act 59/1966, section 2, in force from 09-08-1965, restored the original version “or

penang”. d. the words “or the Federal territory” were inserted after the words “Malacca or penang”

by Act A206, section 11, in force from 01-02-1974. e. the word “islamic” substituted for “Muslim” and the words “religion of islam” substituted

for “Muslim religion” by Act A354, sections 44 and 45, in force from 27-08-1976.

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(7) A member of the Legislative Assembly of a State or of the house of Representatives shall not be appointed by the Ruler or yang di-pertua negeri to be a member of a pardons board or to exercise temporarily the functions of such a member.

(8) the pardons board shall meet in the presence of the Ruler or yang di-pertua negeri and he shall preside over it.

(9) before tendering their advice on any matter a pardons board shall consider any written opinion which the Attorney General may have delivered thereon.

(10) notwithstanding anything in this Article, the power to grant pardons, reprieves and respites in respect of, or to remit, suspend or commute sentences imposed by any court established under any law regulating islamic religious affairs in the State of Malacca, penang, Sabah or Sarawak or the Federal territories of Kuala Lumpur, Labuan and putrajaya shall be exercisable by the yang di-pertuan Agong as head of the religion of islam in the State.

(11) For the purpose of this Article, there shall be constituted a single pardons board for the Federal territories of Kuala Lumpur, Labuan and putrajaya and the provisions of Clauses (5), (6), (7), (8) and (9) shall apply mutatis mutandis to the pardons board under this Clause except that reference to “Ruler or yang di-pertua negeri” shall be construed as reference to the yang di-pertuan Agong and reference to “Chief Minister of the State” shall be construed as reference to the Minister responsible for the Federal territories of Kuala Lumpur, Labuan and putrajaya.

(12) notwithstanding anything contained in this Constitution, where the powers mentioned in this Article—

(a) are exercisable by the yang di-pertua negeri of a State and are to be exercised in respect of himself or his wife, son or daughter, such powers shall be exercised by the yang di-pertuan Agong acting on the advice of the pardons board constituted for that State under this Article and which shall be presided over by him;

(b) are to be exercised in respect of the yang di-pertuan Agong, the Ruler of a State, or his Consort, as the case may be, such powers shall be exercised by the Conference of Rulers and the following provisions shall apply:

48[artiCle 42]

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NOTES

Art. 42—(cont.)

Clause (11) a. Added by Act A206, section 11, in force from 01-02-1974, amended by Act A354,

section 42, in force from 27-08-1976, by substituting “yang di-pertua negeri” for “Governor”. this Clause as substituted by Act A585, paragraph 12(c), in force from 16-04-1984 read as follows:

“(11) For the purpose of this Article, there shall be constituted a single pardons board for the Federal territory of Kuala Lumpur and the Federal territory of Labuan and the provisions of Clauses (5), (6), (7), (8) and (9) of this Article shall apply mutatis mutandis to the pardons board under this Clause except that reference to “Ruler or yang di-pertua negeri” shall be construed as reference to the yang di-pertuan Agong and reference to “Chief Minister of the State” shall be construed as reference to the Minister responsible for the Federal territory of Kuala Lumpur and the Federal territory of Labuan.”.

b. Subsequently, the words “Federal territories of Kuala Lumpur, Labuan and putrajaya” substituted for “Federal territory of Kuala Lumpur and the Federal territory of Labuan” wherever they appear by Act A1095, paragraph 14(c), in force from 01-02-2001.

Clauses (12) & (13): Added by Act A848, section 4, in force from 30-03-1993.

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(i) when attending any proceedings under this Clause, the yang di-pertuan Agong shall not be accompanied by the prime Minister and the other Rulers shall not be accompanied by their Menteri-Menteri besar;

(ii) before arriving at its decision on any matter under this Clause, the Conference of Rulers shall consider any written opinion which the Attorney General may have delivered thereon;

(c) are to be exercised by the yang di-pertuan Agong or the Ruler of a State in respect of his son or daughter, as the case may be, such powers shall be exercised by the Ruler of a State nominated by the Conference of Rulers who shall act in accordance with the advice of the relevant pardons board constituted under this Article.

(13) For the purpose of paragraphs (b) and (c) of Clause (12), the yang di-pertuan Agong or the Ruler of the State concerned, as the case may be, and the yang di-pertua-yang di-pertua negeri shall not be members of the Conference of Rulers.

Cabinet

43. (1) the yang di-pertuan Agong shall appoint a Jemaah Menteri (Cabinet of Ministers) to advise him in the exercise of his functions.

(2) the Cabinet shall be appointed as follows, that is to say:

(a) the yang di-pertuan Agong shall first appoint as perdana Menteri (prime Minister) to preside over the Cabinet a member of the house of Representatives who in his judgment is likely to command the confidence of the majority of the members of that house; and

(b) he shall on the advice of the prime Minister appoint other Menteri (Ministers) from among the members of either house of parliament;

but if an appointment is made while parliament is dissolved a person who was a member of the last house of Representatives may be appointed but shall not continue to hold office after the beginning of the next session of parliament unless, if he has been appointed prime Minister, he is a member of the new house of

49[artiCle 42]

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NOTES

Art. 43

See Art. 57(1a).

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Representatives, and in any other case he is a member either of that house or of the Senate.

(3) the Cabinet shall be collectively responsible to parliament.

(4) If the Prime Minister ceases to command the confidence of the majority of the members of the house of Representatives, then, unless at his request the yang di-pertuan Agong dissolves parliament, the prime Minister shall tender the resignation of the Cabinet.

(5) Subject to Clause (4), Ministers other than the prime Minister shall hold office during the pleasure of the yang di- pertuan Agong, unless the appointment of any Minister shall have been revoked by the yang di-pertuan Agong on the advice of the prime Minister but any Minister may resign his office.

(6) before a Minister exercises the functions of his office he shall take and subscribe in the presence of the yang di-pertuan Agong the oath of office and allegiance and the oath of secrecy set out in the Sixth Schedule.

(7) notwithstanding anything in this Article, a person who is a citizen by naturalization or by registration under Article 17* shall not be appointed prime Minister.

(8) (Repealed).

(9) parliament shall by law make provision for the remuneration of members of the Cabinet.

Deputy Ministers

43A. (1) the yang di-pertuan Agong may on the advice of the prime Minister appoint Deputy Ministers from among the members of either house of parliament; but if an appointment is made while parliament is dissolved a person who was a member of the last house of Representatives may be appointed but shall not hold office after the beginning of the next session of parliament unless he is a member either of that house or of the Senate.

(2) Deputy Ministers shall assist Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers. *NOTE—this Article has been repealed vide Constitution (Amendment) Act 1962 [Act 14/1962] w.e.f. 1 July 1963—see section 5 of Act 14/1962. See also notes on Article 17.

50[artiCle 43]

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NOTES

Art. 43—(cont.)

Clause (5) a. the words “unless the appointment of any Minister shall have been revoked by the

yang di-pertuan Agong on the advice of the prime Minister” were inserted by Act 10/1960, section 5, in force from 31-05-1960.

b. See Art. 43a(3).

Clauses (6) & (8): See Art. 43a(3).

Clause (8): Repealed by Act A857, section 2, in force from 20-08-1993.

Clause (9): See Members of parliament (Remuneration) Act 1980 [Act 237].

Art. 43A

1. Added by Act 10/1960, section 6, in force from 31-05-1960.

2. See Art. 57(1a).

Clauses (1), (2), (3) & (4) the words “Deputy Ministers” substituted for “Assistant Ministers” by Act A31, section 10, in force from 24-03-1971.

Clause (2) the words “, and for such purpose shall have all the powers of Ministers” were inserted by Act A566, section 3, in force from 16-12-1983.

Clause (3) the words “Clauses (5) and (6)” substituted for “Clauses (5), (6) and (8)” by Act A885, section 5, in force from 24-06-1994.

Clause (4): See Members of parliament (Remuneration) Act 1980 [Act 237].

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(3) the provisions of Clauses (5) and (6) of Article 43 shall apply to Deputy Ministers as they apply to Ministers.

(4) parliament shall by law make provision for the remuneration of Deputy Ministers.

Parliamentary Secretaries

43b. (1) the prime Minister may appoint parliamentary Secretaries from among the members of either house of parliament; but if an appointment is made while parliament is dissolved, a person who was a member of the last house of Representatives may be appointed, but shall not hold office after the beginning of the next session of parliament unless he is a member either of that house or of the Senate.

(2) parliamentary Secretaries shall assist Ministers and Deputy Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers and Deputy Ministers.

(3) A parliamentary Secretary may at any time resign his office, and his appointment as such may be determined at any time by the prime Minister.

(4) before a parliamentary Secretary exercises the functions of his office he shall take and subscribe in the presence of the prime Minister the oath of secrecy set out in the Sixth Schedule.

(5) parliament shall by law make provision for the remuneration of parliamentary Secretaries.

Political Secretaries

43C. (1) the prime Minister may appoint such number of persons as he may think fit to be political Secretaries.

(2) A person appointed as a political Secretary by virtue of this Article—

(a) need not be a member of either house of parliament;

(b) may resign his office at any time;

51[artiCle 43a]

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NOTES

Art. 43b

1. Added by Act 19/1964, subsection 5(1), in force from 16-09-1963.

2. See Art. 57(1a).

Clause (2) a. the words “Deputy Ministers” substituted for “Assistant Ministers” by Act A31,

section 10, in force from 24-03-1971. b. the words “, and for such purpose shall have all the powers of Ministers and Deputy

Ministers” were inserted by Act A566, section 4, in force from 16-12-1983.

Clause (4): See Art. 43C(3).

Clause (5): See Members of parliament (Remuneration) Act 1980 [Act 237].

Art. 43C

Added by Act 19/1964, subsection 5(1), in force from 16-09-1963.

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(c) subject to paragraph (b), shall continue in office until such time as his appointment is determined by the prime Minister.

(3) the provisions of Clause (4) of Article 43b shall apply to political Secretaries as they apply to parliamentary Secretaries.

(4) the duties and functions of political Secretaries, and their remuneration, shall be determined by the Cabinet.

Chapter 4—Federal Legislature

Constitution of Parliament

44. the legislative authority of the Federation shall be vested in a parliament, which shall consist of the yang di-pertuan Agong and two Majlis (houses of parliament) to be known as the Dewan negara (Senate) and the Dewan Rakyat (house of Representatives).

Composition of Senate

45. (1) Subject to Clause (4), the Senate shall consist of elected and appointed members as follows:

(a) two members for each State shall be elected in accordance with the Seventh Schedule; and

(aa) two members for the Federal territory of Kuala Lumpur, one member for the Federal territory of Labuan and one member for the Federal territory of putrajaya shall be appointed by the yang di-pertuan Agong; and

(b) forty members shall be appointed by the yang di-pertuan Agong.

(2) the members to be appointed by the yang di-pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines.

52[artiCle 43C]

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NOTES

Art. 45

Clause (1)(aa) a. this paragraph was inserted by Act A442, paragraph 2(1)(a), in force from

31-12-1978. b. Subsequently it was substituted by Act A585, section 13, in force from 16-04-1984 and

again by Act A1095, section 15, in force from 01-02-2001 to enable one member of the Senate to be appointed to represent the Federal territory of putrajaya. the original paragraph (aa) read as follows:

“(aa) two members for the Federal territory shall be appointed by the yang di-pertuan Agong; and”.

Clause (1)(b) originally this paragraph provided for sixteen members to be appointed by the yang di-pertuan Agong. Act 26/1963, section 8, in force from 16-09-1963, amended this to twenty-two. Act 19/1964, section 6, in force from 30-07-1964, further amended it to thirty-two; and subsequently amended by substituting “forty” for “thirty-two” by Act A442, paragraph 2(1)(b), in force from 31-12-1978.

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(3) the term of office of a member of the Senate shall be three years and shall not be affected by a dissolution of parliament.

(3a) A member of the Senate shall not hold office for more than two terms either continuously or otherwise:

provided that where a person who has already completed two or more terms of office as a member of the Senate is immediately before the coming into force of this Clause a member of the Senate, he may continue to serve as such member for the remainder of his term.

(4) parliament may by law—

(a) increase to three the number of members to be elected for each State;

(b) provide that the members to be elected for each State shall be so elected by the direct vote of the electors of that State;

(c) decrease the number of appointed members or abolish appointed members.

Composition of House of Representatives

46. (1) the house of Representatives shall consist of two hundred and twenty-two elected members.

(2) there shall be—

(a) two hundred and nine members from the States in Malaysia as follows:

(i) twenty-six members from Johore;

(ii) fifteen members from Kedah;

(iii) fourteen members from Kelantan;

(iv) six members from Malacca;

(v) eight members from negeri Sembilan;

(vi) fourteen members from pahang;

(vii) thirteen members from penang;

(viii) twenty-four members from perak;

53[artiCle 45]

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NOTES

Art. 45—(cont.) Clause (3)

a. Amended by Act A442, paragraph 2(1)(c), in force from 31-12-1978, by substituting “three” for “six”.

b. Subsequently this Clause was amended by Act A1130, section 4, in force from 28-09-2001, by deleting the words “, subject to the provisions of the Seventh Schedule,”.

Clause (3a): Added by Act A514, section 3, in force from 15-05-1981. Clause (4): See Art. 120.

Art. 46

1. this Article as it stood on Merdeka Day read as follows: “46. (1) the house of Representatives shall consist of one hundred elected members except that the first house of Representatives shall consist of one hundred and four.

(2) After the completion of the first census to be taken after Merdeka Day parliament may by law alter the number of members of the house of Representatives.”.

2. this Article was amended by Act 14/1962, section 14, in force from 21-06-1962, by substituting “one hundred and four elected members” for “one hundred elected members except that the first house of Representatives shall consist of one hundred and four” in Clause (1), and repealed Clause (2).

3. this Article was substituted by Act 26/1963, section 9, in force from 16-09-1963, which read as follows:

“46. (1) the house of Representatives shall consist of one hundred and fifty-nine elected members.

(2) there shall be— (a) one hundred and four members from the States of Malaya; (b) sixteen members from Sabah; (c) twenty-four members from Sarawak; (d) fifteen members from Singapore.”.

4. this Article was amended by Act 59/1966, section 2, in force from 09-08-1965, by substituting “forty-four” for “fifty-nine” in Clause (1) and deleted paragraph (d) of Clause (2).

5. this Article was again amended by Act A206, section 12, in force from 23-08-1973, by the substitution of the whole Article which read as follows:

“46. (1) the house of Representatives shall consist of one hundred and fifty-four elected members.

(2) there shall be— (a) one hundred and forty-nine members from the States in Malaysia as follows:

(i) sixteen members from Johore; (ii) thirteen members from Kedah;

(iii) twelve members from Kelantan; (iv) four members from Malacca; (v) six members from negeri Sembilan;

(vi) eight members from pahang; (vii) nine members from penang;

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NOTES

Art. 46—(cont.)

(viii) twenty-one members from perak; (xi) two members from perlis; (x) sixteen members from Sabah;

(xi) twenty-four members from Sarawak; (xii) eleven members from Selangor;

(xiii) seven members from terengganu; and (b) five members from the Federal territory.”.

6. the present Article was substituted by Act A566, section 5, in force from 16-12-1983. however, the substitution shall not affect the composition of the house of Representatives or any elections to that house until the dissolution of parliament occurring on or after 31-12-1984—See p.u. (A) 475 and 476/1984.

Clause (1) Amended by Act A585, paragraph 14(a), in force from 16-04-1984, by substituting the words “seventy-seven” for “seventy-six”.

Clause (2) Amended by Act A585, paragraph 14(b), in force from 16-04-1984, by substituting for paragraph (b) the following new paragraph (b):

“(b) eight members from the Federal territories of Kuala Lumpur and Labuan as follows—

(i) seven members from the Federal territory of Kuala Lumpur; (ii) one member from the Federal territory of Labuan.”.

Clause (1) Amended by Act A631, section 2, in force from 24-02-1986, by substituting the word “eighty” for “seventy-seven”.

Clause (2) Amended by Act A631, section 2, in force from 24-02-1986, by substituting the word “seventy-two” for “sixty-nine” in paragraph (a) and the word “twenty-seven” for “twenty-four” in subparagraph (xi) of paragraph (a).

Note:

this Article, as amended, shall not affect the composition of the house of Representatives or any election to that house until the dissolution of parliament—See Art. 57(1a).

Clause (1) Amended by Act A837, section 2, in force from 20-11-1992, by substituting the word “ninety-two” for “eighty”.

Clause (2) Amended by Act A837, section 2, in force from 20-11-1992—

(i) by substituting the word “eighty-one” for “seventy-two” in paragraph (a); (ii) by substituting the word “twenty” for “eighteen” in subparagraph (a)(i);

(iii) by substituting the word “fifteen” for “fourteen” in subparagraph (a)(ii); (iv) by substituting the word “fourteen” for “thirteen” in subparagraph (a)(iii); (v) by substituting the word “eleven” for “ten” in subparagraph (a)(vi);

(vi) by substituting the word “three” for “two” in subparagraph (a)(ix); (vii) by substituting the word “seventeen” for “fourteen” in subparagraph (a)(xii);

(viii) by substituting the word “eleven” for “eight” in paragraph (b); and

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NOTES

Art. 46—(cont.)

(ix) by substituting the word “ten” for “seven” in subparagraph (b)(i).

Note:

the above amendments shall not affect the composition of the house of Representatives or any election to that house until dissolution of parliament occurring on or after the date of the coming into force of the order made under section 12 of the thirteenth Schedule—See section 4 of Act A837.

Clause (1) this clause was again amended by Act A945, paragraph 2(a), in force from 07-06-1996, to increase the composition of the house of Representatives from one hundred and ninety-two to one hundred and ninety-three, i.e. specifically increasing the composition of the members from the State of Sarawak from twenty-seven to twenty-eight.

Clause (2) Amended by Act A945, paragraph 2(b), in force from 07-06-1996—

(i) by substituting the word “eighty-two” for “eighty-one” in paragraph (a); and (ii) by substituting the word “twenty-eight” for “twenty-seven” in subparagraph (a)(xi).

Note:

however this amendment shall not affect the composition of the house of Representatives or any election to that house until the dissolution of parliament occurring on or after the date of the coming into force of the order made under section 12 of the thirteenth Schedule to the Federal Constitution following the review undertaken pursuant to Clause (2) of Article 113 of the Federal Constitution and the said thirteenth Schedule.

Clause (1) Amended by Act A1095, paragraph 16(a), in force from 01-02-2001, by substituting the word “ninety-four” for “ninety-three”.

Clause (2) Amended by Act A1095, paragraph 16(b), in force from 01-02-2001, to enable one member of the house of Representatives to be elected to represent the Federal territory of putrajaya.

Clause (1) Amended by Act A1198, paragraph 2(a), in force from 15-08-2003, by substituting the words “two hundred and nineteen” for “one hundred and ninety-four”.

Clause (2) Amended by Act A1198, paragraph 2(b), in force 15-08-2003, by increasing the number of members of the house of Representatives consequent upon the delimitation of the constituencies undertaken by the election Commission from 8 August 2002 until 7 September 2002. the increase is as follows:

(a) six members from Johore; (b) one member from Malacca; (c) one member from negeri Sembilan; (d) three members from pahang; (e) two members from penang; (f) one member from perak; (g) five members from Sabah;

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(ix) three members from perlis; (x) twenty-five members from Sabah;

(xi) thirty-one members from Sarawak;

(xii) twenty-two members from Selangor; and

(xiii) eight members from terengganu; and

(b) thirteen members from the Federal territories of Kuala Lumpur, Labuan and putrajaya as follows:

(i) eleven members from the Federal territory of Kuala Lumpur;

(ii) one member from the Federal territory of Labuan;

(iii) one member from the Federal territory of putrajaya.

Qualifications for membership of Parliament

47. every citizen resident in the Federation is qualified to be a member—

(a) of the Senate, if he is not less than thirty years old;

(b) of the house of Representatives, if he is not less than twenty-one years old,

unless he is disqualified for being a member by this Constitution or by any law made in pursuance of Article 48.

Disqualification for membership of Parliament

48. (1) Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if—

(a) he is and has been found or declared to be of unsound mind; or

(b) he is an undischarged bankrupt; or

(c) he holds an office of profit; or

(d) having been nominated for election to either house of parliament or to the Legislative Assembly of a State, or having acted as election agent to a person so nominated,

54[artiCle 46]

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NOTES

Art. 46—(cont.)

(h) five members from Selangor; and (i) one member from the Federal territory of Kuala Lumpur.

Clause (1) Amended by Act A1260, paragraph 2(a), in force from 19-01-2006, by substituting the words “two hundred and twenty-two” for “two hundred and nineteen”.

Clause (2) Amended by Act A1260, paragraph 2(b), in force from 19-01-2006, to increase the composition of the house of Representatives from two hundred and six to two hundred and nine, i.e. specifically increasing the composition of the members from the State of Sarawak from twenty-eight to thirty-one.

Art. 48

See Art. 47.

Clause (1) a. Act 10/1960, section 7, in force from 31-05-1960, inserted the words “or to the

Legislative Assembly of a State” in paragraph (d) and substituted the words “one year or to a fine of not less than two thousand dollars” for “two years” in paragraph (e);

b. Act 26/1963, section 70, in force from 16-09-1963, inserted the words “(or, before Malaysia Day, in the territories comprised in a borneo State or in Singapore)” in paragraph (e).

c. Act 160, section 2, in force from 29-08-1975, substituted the word “ringgit” for “dollars” in paragraph (e).

d. Act A514, paragraph 19(b), in force from 27-08-1976, substituted the words “the State of Sabah or Sarawak” for “a borneo State” in paragraph (e).

e. Act A354, section 15, in force from 27-08-1976, substituted the words “any country outside the Federation” for “a foreign country” in paragraph (f).

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he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or

(e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or

(f) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside the Federation or has made a declaration of allegiance to any country outside the Federation.

(2) Federal law may impose, for such periods as may be specified thereby, disqualification for membership of either house of parliament on persons committing offences in connection with elections; and any person who has been convicted of such an offence or has in proceedings relating to an election been proved guilty of an act constituting such an offence, shall be disqualified accordingly for a period so specified.

(3) the disqualification of a person under paragraph (d) or paragraph (e) of Clause (1) may be removed by the yang di- pertuan Agong and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed on such person; and a person shall not be disqualified under paragraph (f) of Clause (1) by reason only of anything done by him before he became a citizen.

(4) notwithstanding anything contained in the foregoing provisions of this Article, where a member of either house of parliament becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of Clause (1) or under a federal law made in pursuance of Clause (2)—

(a) the disqualification shall take effect upon the expiry of fourteen days from the date on which he was—

55[artiCle 48]

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NOTES

Art. 48—(cont.)

Clause (2): See election offences Act 1954 [Act 5].

Clause (3) the words “or the date on which the fine mentioned in the said paragraph (e) was imposed on such person” were inserted by Act 10/1960, paragraph 7(c), in force from 31-05-1960.

Clauses (4) & (5) Added by Act A566, section 6, in force from 16-12-1983.

Clause (6): Added by Act A767, section 2, in force from 11-05-1990.

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(i) convicted and sentenced as specified in the aforesaid paragraph (e); or

(ii) convicted of an offence or proved guilty of an act under a federal law made in pursuance of Clause (2); or

(b) if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceeding is brought in respect of such conviction or sentence, or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceeding is disposed of by the court; or

(c) if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceeding specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of.

(5) Clause (4) shall not apply for the purpose of nomination, election or appointment of any person to either house of parliament, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) of Clause (1) or in Clause (2), as the case may be.

(6) A person who resigns his membership of the house of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the house of Representatives.

Provisions against double memberships

49. A person shall not at the same time be a member of both houses of parliament, nor be elected to the house of Representatives for more than one constituency or to the Senate for more than one State, nor be both an elected and an appointed member of the Senate.

56[artiCle 48]

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NOTES

Art. 49

See Art. 50(2).

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Effect of disqualification, and prohibition of nomination or appointment without consent

50. (1) if a member of either house of parliament becomes disqualified for membership of that house his seat shall become vacant.

(2) if a person disqualified for being a member of the house of Representatives is elected to that house or if a person disqualified for being a member of the Senate is elected or appointed to the Senate, or if an election or appointment to either house is contrary to Article 49, the election or appointment shall be void.

(3) (Repealed).

(4) A person cannot be validly nominated for election to membership of either house or appointed to the Senate without his consent.

Resignation of members

51. A member of either house of parliament may resign his membership by writing under his hand addressed, if he is a member of the Senate, to the president of the Senate, and if a member of the house of Representatives, to the Speaker of that house.

Absence of a member

52. (1) if a member of either house of parliament is without the leave of the house absent from every sitting of the house for a period of six months the house may declare his seat vacant.

(2) A member of either house of parliament who has been granted leave of absence from the sittings of the house of which he is a member shall not, for the duration of such leave, participate in any manner in the affairs and business of that house.

Decisions as to disqualification

53. (1) if any question arises whether a member of a house of parliament has become disqualified for membership, the decision of that house shall be taken and shall be final:

57[Article 50]

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NOTES

Art. 50

See Art. 57(1a).

Clause (3) this Clause was repealed by Act 25/1963, subsection 3(1), in force from 29-08-1963. it read as follows:

“(3) if the election of any person would or might be void under Clause (2) his nomination for the election shall be void.”.

Art. 51

See Art. 57(1a).

Art. 52

See Art. 57(1a).

Clause (2): Added by Act A514, paragraph 4(b), in force from 15-05-1981.

Art. 53

proviso added by Act 26/1963, subsection 11(1), in force from 16-09-1963.

Clause (1): Renumbered by Act A566, paragraph 7(a), in force from 16-12-1983.

Clause (2): inserted by Act A566, paragraph 7(b), in force from 16-12-1983.

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provided that this Article shall not be taken to prevent the practice of the house postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).

(2) where a member of either house of parliament becomes disqualified under paragraph (e) of Clause (1) of Article 48 or under a federal law made in pursuance of Clause (2) of Article 48, Clause (1) shall not apply and he shall cease to be a member of that house, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with Clause (4) of Article 48.

Vacancies in Senate and casual vacancies

54. (1) Save as provided under Clause (3), whenever there is a vacancy among members of the Senate or a casual vacancy among members of the house of Representatives, such vacancy or casual vacancy shall be filled within sixty days from the date on which it is established by the president of the Senate that there is a vacancy or by the election Commission that there is a casual vacancy, as the case may be, and an election shall be held or an appointment made accordingly:

provided that failure to make any such appointment within the period specified in this Clause shall not invalidate any appointment made out of time:

provided further that, if a casual vacancy in the house of Representatives is established on a date within two years of the date parliament shall, in accordance with Clause (3) of Article 55, stand dissolved, such casual vacancy shall not be filled unless the Speaker notifies the election Commission in writing that the numerical strength of the party that constitutes a majority of all the members of the house of Representatives is being affected by such vacancy, in which event such vacancy shall be filled within sixty days from the date of the receipt of that notification.

(2) (Repealed).

(3) where a vacancy among members of the Senate relates to a vacancy which shall be filled by a member who shall be elected by a State in accordance with the Seventh Schedule, the provisions of Clause (1) shall not apply to the filling of such vacancy.

58[Article 53]

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NOTES

Art. 54

1. the present Article was substituted by Act 59/1966, section 2, in force from 19-09-1966. the earlier Article as it stood at the date of repeal read as follows:

“54. except where there is a vacancy among the members elected to the Senate by a State and the vacancy is to be filled in accordance with the provisions of the Seventh Schedule, whenever there is a vacancy among the members of the Senate or a casual vacancy among the members of the house of Representatives it shall be filled within sixty days from the date on which it is established that there is a vacancy, and an election shall be held or an appointment made accordingly.”.

Clause (1) a. Further proviso inserted by Act A1, section 2, in force from 18-11-1968. b. Amended by Act A31, section 3, in force from 24-03-1971, by omitting in the first

proviso after the words “out of time” the following: “but in any such case the term of office of a member of the Senate so appointed

shall be six years from the end of the period of sixty days from the date on which the existence of the vacancy which he was appointed to fill was established and not six years from the date of his appointment.”.

c. Amended by Act A354, section 16, in force from 27-08-1976, by inserting after the words “the date on which it is established” the words “by the election Commission”.

d. the words “Clause (3)” substituted for “Clauses (2) and (3)” by Act A585, paragraph 21(a), in force from 14-04-1984.

e. the words “by the president of the Senate that there is a vacancy or by the election Commission that there is a casual vacancy, as the case may be” substituted for “by the election Commission that there is a vacancy” by Act A857, paragraph 3(a), in force from 20-08-1993.

f. the second proviso which was subs t i tu ted by the present proviso by Act A857, paragraph 3(b), in force from 20-08-1993 read as follows:

“provided further, if a casual vacancy in the house of Representatives is established on a date within six months of the date parliament shall, in accordance with Clause (3) of Article 55, stand dissolved, such casual vacancy shall not be filled.”.

Clause (2) a. Amended by Act A354, section 16, in force from 27-08-1976, by inserting after the words

“the date on which it is established” the words “by the election Commission”. b. this Clause was deleted by Act A585, paragraph 21(b), in force from 14-04-1984 and

read as follows: “(2) where a casual vacancy in the house of Representatives relates to a vacancy

which shall be filled by a member from Sabah or Sarawak, such casual vacancy shall be filled within ninety days from the date on which it is established by the election Commission that there is a vacancy and an election shall be held accordingly.”.

2. See Art. 57(1a) & 118a.

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Summoning, prorogation and dissolution of Parliament

55. (1) the yang di-pertuan Agong shall from time to time summon parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session.

(2) the yang di-pertuan Agong may prorogue or dissolve parliament.

(3) Parliament unless sooner dissolved, shall continue for five years from the date of its first meeting and shall then stand dissolved.

(4) whenever parliament is dissolved a general election shall be held within sixty days from the date of the dissolution and parliament shall be summoned to meet on a date not later than one hundred and twenty days from that date.

(5) A bill pending in parliament shall not lapse by reason of the prorogation of parliament.

(6) (Repealed).

(7) A bill pending the assent of the yang di-pertuan Agong under Clause (4) or Clause (4a) of Article 66 shall not lapse by reason of the prorogation or dissolution of parliament.

President and Deputy President of Senate

56. (1) the Senate shall from time to time choose one of its members to be yang di-pertua Dewan negara (president of the Senate) and one to be Deputy president of the Senate, and shall, subject to Clause (3), transact no business while the office of president is vacant other than the election of a president.

(2) A member holding office as president or Deputy president shall cease to hold his office on the expiry of the term for which he was elected or appointed a member or on otherwise ceasing to be a member of the Senate, or upon being disqualified under Clause (5), and may at any time resign his office.

(3) During any vacancy in the office of president or during any absence of the president from any sitting, the Deputy president or, if the Deputy president is also absent or if his office is also

59[artiCle 55]

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NOTES

Art. 55

Clause (4) a. See Art. 118a. b. Act 59/1966, section 2, in force from 19-09-1966, inserted the words “in the States of

Malaya and ninety days in the borneo States” and substituted the words “one hundred and twenty” for “ninety”.

c. the words “the States of Sabah and Sarawak” substituted for “the borneo States” by Act A354, section 43, in force from 27-08-1976.

d. the words “in the States of Malaya and ninety days in the States of Sabah and Sarawak” were deleted by Act A585, paragraph 22(a), in force from 14-04-1984.

Clauses (5), (6) & (7): Added by Act A585, paragraph 22(b), in force from 14-04-1984.

Clause (6): Deleted by Act A885, section 6, in force from 24-06-1994.

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vacant, such other member as may be determined by the rules of procedure of the Senate, shall act as president.

(4) if a member of the Legislative Assembly of a State is chosen to be president he shall resign from the Assembly before exercising the functions of his office.

(5) A member who is elected to be president or Deputy president shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

(6) where any question arises regarding the disqualification of the president or Deputy president under Clause (5) the decision of the Senate shall be taken and shall be final.

Speaker and Deputy Speakers of the House of Representatives

57. (1) the house of Representatives shall from time to time elect—

(a) as yang di-pertua Dewan Rakyat (Speaker), a person who either is a member of the house or is qualified for election as such a member; and

(b) two Deputy Speakers from among members of the house,

and the house shall, subject to Clause (3), transact no business while the office of Speaker is vacant other than the election of a Speaker.

(1a) Any person elected as Speaker who is not a member of the house of Representatives—

(a) shall, before he enters upon the duties of his office, take and subscribe before the house the oath of office and allegiance set out in the Sixth Schedule; and

60[artiCle 56]

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NOTES

Art. 56

Clause (1) the words “, subject to Clause (3),” inserted by Act A514, paragraph 5(a), in force from 15-05-1981.

Clause (4): Added by Act 10/1960, section 8, in force from 31-05-1960.

Clauses (5) & (6) a. Added by Act A514, paragraph 5(d), in force from 15-05-1981. b. the words “or Deputy president” were deleted by Act A566, subsection 8(1), in force

from 16-12-1983 but were again inserted by Act A1130, section 5, in force from 28-09-2001.

Note:

the amendments made in Clauses (5) and (6) of Article 56 by Act A566 shall apply only to a person elected Deputy president on or after 16-12-1983.

Art. 57

Act 19/1964, subsection 7(1), in force from 30-07-1964, substituted Clauses (1), (1a), (2) and (2a) for Clauses (1) and (2). the earlier Clauses read as follows:

“57. (1) the house of Representatives shall from time to time choose one of its members to be yang di-pertua Dewan Rakyat (Speaker) and one to be Deputy Speaker, and shall transact no business while the office of Speaker is vacant other than the election of a Speaker.

(2) A member holding office as Speaker or Deputy Speaker shall vacate his office on ceasing to be a member of the house of Representatives and may at any time resign his office.”.

Clause (1) Act A514, paragraph 6(a), in force from 15-05-1981, inserted the words “, subject to Clause (3),” after the words “the house shall”.

Clause (1)(b) the present Clause was substituted by Act A566, paragraph 9(1)(a), in force from 16-12-1983. the earlier Clause as it stood at the date of repeal read as follows:

“(b) as Deputy Speaker, a person who is a member of the house;”.

Clause (1a)(b): See Art 62(3)

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(b) shall, by virtue of holding his office, be a member of the house additional to the members elected pursuant to Article 46:

provided that paragraph (b) shall not have effect for the purposes of any of the following provisions of this Constitution, that is to say, Articles 43, 43a, 43b, 50 to 52, 54 and 59; and no person shall be entitled by virtue of that paragraph to vote on any matter before the house.

(2) the Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the house of Representatives, and shall vacate his office—

(a) when the house first meets after a general election;

(b) on his ceasing to be a member of the house otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of Clause (1a), on his ceasing to be qualified to be a member;

(bb) upon being disqualified under Clause (5);

(c) if the house at any time so resolves.

(2a) A Deputy Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the house of Representatives, and shall vacate his office—

(a) on his ceasing to be a member of the house;

(b) if the house at any time so resolves.

(3) During any vacancy in the office of Speaker or during any absence of the Speaker from any sitting, otherwise than by reason of the house first meeting after a general election, one of the Deputy Speakers or, if both the Deputy Speakers are absent or if both their offices are vacant, such other member as may be determined by the rules of procedure of the house, shall act as Speaker.

(4) if a member of the Legislative Assembly of a State is chosen to be Speaker he shall resign from the Assembly before exercising the functions of his office.

(5) A person who is elected to be Speaker or a Deputy Speaker shall be disqualified from holding such office if after three

61[artiCle 57]

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NOTES

Art. 57—(cont.)

Clause (2)(bb): Added by Act A514, paragraph 6(b), in force from 15-05-1981.

Clause (2a) the word “A” substituted for “the” by Act A566, paragraph 9(1)(b), in force from 16-12-1983.

Clause (3) a. the present Clause was substituted by Act A514, paragraph 6(c), in force from

15-05-1981, and replaced the earlier Clause which read as follows: “(3) During any absence of the Speaker from a sitting of the house of Representatives

the Deputy Speaker or, if he is also absent, such other member as may be determined by the rules of procedure of the house, shall act as Speaker.”.

b. the words “one of the Deputy Speakers or, if both the Deputy Speakers are absent or if both their offices are vacant” substituted for the words “the Deputy Speaker or, if the Deputy Speaker is also absent or if his office is also vacant” by Act A566, paragraph 9(1)(c), in force from 16-12-1983.

Clause (4): Added by Act 10/1960, section 9, in force from 31-05-1960.

Clauses (5) & (6) a. Added by Act A514, paragraph 6(d), in force from 15-05-1981. b. the words “or Deputy Speaker” were deleted by Act A566, paragraph 9(1)(d), in force

from 16-12-1983, but were again inserted by Act A1130, section 6, in force from 28-09-2001.

c. in the shoulder note, the words “Deputy Speakers” substituted for “Deputy Speaker” by Act A566, paragraph 9(1)(e), in force from 16-12-1983.

Note:

the amendments made in Clauses (5) and (6) of Article 57 by Act A566 shall apply only to a person elected as a Deputy Speaker of the house of Representatives on or after 16-12-1983.

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months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

(6) where any question arises regarding the disqualification of the Speaker or a Deputy Speaker under Clause (5) the decision of the house of Representatives shall be taken and shall be final.

Remuneration of President, Deputy President, Speaker and Deputy Speakers

58. parliament shall by law provide for the remuneration of the president and Deputy president of the Senate and the Speaker and Deputy Speakers of the house of Representatives, and the remuneration so provided for the president of the Senate and the Speaker of the house of Representative shall be charged on the Consolidated Fund.

Oaths by members

59. (1) every member of either house of parliament shall before taking his seat take and subscribe before the person presiding in the house an oath in the form set out in the Sixth Schedule, but a member may before taking that oath take part in the election of a president of the Senate or Speaker of the house of Representatives.

(2) if a member has not taken his seat within six months from the date on which the House first sits after his election or such further time as the house may allow, his seat shall become vacant.

62[artiCle 57]

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NOTES

Art. 58

1. See Members of parliament (Remuneration) Act 1980 [Act 237].

2. the words “Deputy Speakers” substituted for “Deputy Speaker” appearing in this Article and in the shoulder note thereto by Act A566, section 10, in force from 16-12-1983.

Art. 59

See Art. 57(1a).

Clause (2) the word “six” substituted for “three” by Act A566, section 11, in force from 16-12-1983.

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Address by the Yang di-Pertuan Agong

60. the yang di-pertuan Agong may address either house of parliament or both houses jointly.

Special provisions as to Cabinet and Attorney General

61. (1) in addition to his rights as a member of one of the houses of parliament every member of the Cabinet shall have the right to take part in the proceedings of the other house.

(2) either house of parliament may appoint as a member of any of its committees the Attorney General or any member of the Cabinet notwithstanding that he is not a member of that house.

(3) this Article does not authorize any person who is not a member of a house to vote in that house or any of its committees.

(4) in this Article “member of the Cabinet” includes a Deputy Minister and a parliamentary Secretary.

Parliamentary procedure

62. (1) Subject to the provisions of this Constitution and of federal law, each house of parliament shall regulate its own procedure.

(2) each house may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled thereto shall not invalidate any proceedings.

(3) Subject to Clause (4) and to Clause (1) of Article 89 and Clause (3) of Article 159 and to sections 10 and 11 of the thirteenth Schedule, each house shall, if not unanimous, take its decision by a simple majority of members voting; and the person presiding shall unless he is a member of the house by virtue only of paragraph (b) of Clause (1a) of Article 57 cast his vote whenever necessary to avoid an equality of votes, but shall not vote in any other case.

(4) in regulating its procedure each house may provide, as respects any decision relating to its proceedings, that it shall not be made except by a specified majority or by a specified number of votes.

(5) Members absent from a house shall not be allowed to vote.

63[artiCle 60]

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NOTES

Art. 61

Clause (4) a. Added by Act 10/1960, section 10, in force from 31-05-1960. b. the words “Deputy Minister” substituted for “Assistant Minister” by Act A31,

subsection 10(1), in force from 24-03-1971. c. the words “and a parliamentary Secretary” were added by Act A631, section 4,

in force from 24-02-1986.

Art. 62

Clause (3) a. Act 14/1962, section 32, in force from 21-06-1962, inserted the words “and to

sections 10 and 11 of the thirteenth Schedule”. b. Act 19/1964, subsection 7(2), in force from 30-07-1964, inserted the words “unless

he is a member of the house by virtue only of paragraph (b) of Clause (1a) of Article 57”.

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Privileges of Parliament

63. (1) the validity of any proceedings in either house of parliament or any committee thereof shall not be questioned in any court.

(2) no person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in any proceedings of either house of parliament or any committee thereof.

(3) no person shall be liable to any proceedings in any court in respect of anything published by or under the authority of either house of parliament.

(4) Clause (2) shall not apply to any person charged with an offence under the law passed by parliament under Clause (4) of Article 10 or with an offence under the Sedition Act 1948 [Act 15] as amended by the emergency (essential powers) ordinance no. 45, 1970 [P.U. (A) 282/1970].

(5) notwithstanding Clause (4), no person shall be liable to any proceedings in any court in respect of anything said by him of the yang di-pertuan Agong or a Ruler when taking part in any proceedings of either house of parliament or any committee thereof except where he advocates the abolition of the constitutional position of the yang di-pertuan Agong as the Supreme head of the Federation or the constitutional position of the Ruler of a State, as the case may be.

Remuneration of members

64. parliament shall by law provide for the remuneration of members of each house.

Clerks of Senate and House of Representatives

65. (1) there shall be a Clerk to the Senate and a Clerk to the house of Representatives.

(2) the Clerk to the Senate and the Clerk to the house of Representatives shall be appointed by the yang di-pertuan Agong from among members of the general public service of the Federation and each shall hold office until he attains the age of compulsory

64[artiCle 63]

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NOTES

Art. 63

Clause (4): Added by Act A30, section 3, in force from 10-03-1971.

See houses of parliament (privileges and powers) ordinance, [No. 15 of 1952].

Clause (5): inserted by Act A848, section 5, in force from 30-03-1993.

Art. 64

See Members of parliament (Remuneration) Act 1980 [Act 237].

Art. 65

Clause (2) a. proviso inserted by Act A354, section 17, in force from Merdeka Day. b. See section 7 of the Constitution (Amendment) Act 1992 [Act A837] on the status of

members of the parliamentary Service upon repeal of the parliamentary Service Act 1963 [Act 394].

c. the words “the age of compulsory retirement for members of the general public service” substituted for “the age of fifty-five years” by Act A1130, section 7, in force from 28-09-2001.

Federal Constitution

retirement for members of the general public service unless he sooner resigns his office or is transferred to another office in the general public service.

(3) The persons holding the office of the Clerk to the Senate and Clerk to the house of Representatives immediately prior to the coming into force of this Clause shall, unless either person has not attained the age of fifty-five years and has opted to become a member of the general public service of the Federation, continue to hold office respectively on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court, and in this respect the representation mentioned in Clause (3) of Article 125 shall be a representation made by the president of the Senate or, as the case may be, the Speaker of the house of Representatives.

(4) (Repealed).

(5) (Repealed).

Chapter 5—Legislative procedure

Exercise of legislative power

66. (1) the power of parliament to make laws shall be exercised by bills passed by both houses (or, in the cases mentioned in Article 68, the house of Representatives) and, except as otherwise provided in this Article, assented to by the yang di-pertuan Agong.

(2) Subject to Article 67, a bill may originate in either house.

(3) when a bill has been passed by the house in which it originated it shall be sent to the other house; and it shall be presented to the yang di-pertuan Agong for his assent when it has been passed by the other house and agreement has been reached between the two houses on any amendments made in it or when it is required to be so presented under Article 68.

(4) the yang di-pertuan Agong shall within thirty days after a bill is presented to him assent to the bill by causing the public Seal to be affixed thereto.

65[artiCle 65]

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NOTES

Art. 65—(cont.)

Clause (3) a. the words “Federal Court” substituted for “Supreme Court” by Act 26/1963, section

70, in force from 16-09-1963. b. Subsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to

the Federal Court shall now be construed as a reference to the Supreme Court. c. the word “Federal” substituted for “Supreme” by Act A885, section 7, in force from

24-06-1994.

Clauses (2) & (3) the present Clauses were inserted by Act A837, section 5, in force from 20-11-1992, and replaced the earlier Clauses which read as follows:

“(2) the Clerk to the Senate and the Clerk to the house of Representatives shall be appointed by the yang di-pertuan Agong and, subject to Clause (3), each shall hold office until he attains the age of sixty years or such other age as parliament may by law provide, unless he sooner resigns his office:

provided that this Clause shall not be taken to prevent the yang di-pertuan Agong from making the appointment from amongst the members of the public services to which part X applies for such shorter period as he may deem fit, and this proviso shall be deemed to have been an integral part of this Article as from Merdeka Day.

(3) the Clerk to the Senate and the Clerk to the house of Representatives may be removed from office on the like grounds and in the like manner as a judge of the Supreme Court, except that the representation mentioned in Clause (3) of Article 125 shall be a representation made by the president of the Senate or, as the case may be, the Speaker of the house of Representatives.”.

Clause (4) a. the present Clause was inserted by Act 14/1962, paragraph 15(a), in force from

21-06-1962, and replaced the earlier Clause which read as follows: “(4) before appointing any member of his staff the Clerk to the Senate shall consult

the president of the Senate, and the Clerk to the house of Representatives the Speaker of that house.”.

b. See parliamentary Service Act 1963 [Act 12/1963]. c. this Clause which is reproduced as follows, was deleted by Act A837, paragraph 5(b),

in force from 20-11-1992: “(4) except as otherwise expressly provided by this Article, the qualifications for

appointment and conditions of service of the Clerk to the Senate and the Clerk to the house of Representatives, and of members of the staff of the houses of parliament, may be regulated by federal law.”.

Clause (5) a. the words “the staff of parliament” substituted for “their staffs” by Act 14/1962,

paragraph 15(b), in force from 21-06-1962. b. this Clause which is reproduced as follows, was deleted by Act A837, paragraph 5(b),

in force from 20-11-1992: “(5) the Clerk to the Senate, the Clerk to the house of Representatives and members

of the staff of parliament are disqualified for being members of either house of parliament or the Legislative Assembly of any State.”.

Art. 66

Clause (1) the words “, except as otherwise provided in this Article,” were added after the word “and” by Act A584, paragraph 2(a), in force from 20-01-1984.

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(4a) if a bill is not assented to by the yang di-pertuan Agong within the time specified in Clause (4), it shall become law at the expiration of the time specified in that Clause in the like manner as if he had assented thereto.

(4b) (Repealed).

(5) A bill shall become law on being assented to by the yang di-pertuan Agong or as provided in Clause (4a), but no law shall come into force until it has been published, without prejudice, however, to the power of parliament to postpone the operation of any law or to make laws with retrospective effect.

(6) nothing in this Article or in Article 68 shall invalidate any law confirming an undertaking given by the Federal Government to the effect that a bill to which the undertaking relates shall not be presented to the yang di-pertuan Agong for his assent except in accordance with the undertaking.

Restriction on introduction of Bills and moving of amendments involving taxation, expenditure, etc.

67. (1) A bill or amendment making provision (whether directly or indirectly) for—

(a) imposing or increasing any tax or abolishing, reducing or remitting any existing tax;

(b) the borrowing of money, or the giving of any guarantee, by the Federation, or the amendment of the law relating to the financial obligations of the Federation;

(c) the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition or alteration of any such charge;

(d) the payment of moneys into the Consolidated Fund or the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such a payment, issue or withdrawal;

(e) the compounding or remission of any debt due to the Federation;

(f) the assignment of a tax or fee or the making of a grant to any State;

66[artiCle 66]

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NOTES Art. 66—(cont.)

Clause (4) a. the words “, and after assenting to a bill he shall cause it to be published as a law”

were deleted by Act A566, paragraph 12(a), in force from 16-12-1983. b. this Clause was substituted by Act A584, paragraph 2(b), in force from 20-01-1984.

the original Clause read as follows: “(4) the yang di-pertuan Agong shall signify his assent to a bill by causing the

public Seal to be affixed thereto and after assenting to a bill he shall cause it to be published as a law.”.

c. Subsequently, Act A885, paragraph 8(a), in force from 24-06-1994, substituted Clause (4). the earlier Clause read as follows:

“(4) the yang di-pertuan Agong shall within thirty days after a bill is presented to him—

(a) assent to the bill by causing the public Seal to be affixed thereto; or (b) if it is not a money bill, return the bill to the house in which it originated with

a statement of the reasons for his objection to the bill, or to any provision thereof.”.

Clauses (4a) a. Added by Act A584, paragraph 2(b), in force from 20-01-1984. b. this Clause was substituted by Act A885, paragraph 8(a), in force from 24-06-1994.

the earlier Clause read as follows: “(4a) if the yang di-pertuan Agong returns a bill to the house in which it originated in

accordance with Clause (4)(b), the house shall as soon as possible proceed to reconsider the bill. if after such reconsideration the bill is passed by the votes of not less than two-thirds of the total number of members of that house in the case of a bill for making any amendment to the Constitution other than an amendment excepted pursuant to Article 159, and by a simple majority in the case of any other bill, with or without amendment, it shall be sent together with the objections to the other house, by which it shall likewise be reconsidered, and if similarly approved by members of that house, the bill shall again be presented to the yang di-pertuan Agong for assent and the yang di-pertuan Agong shall give his assent thereto within thirty days after the bill is presented to him.”.

Clause (4b) a. Added by Act A584, paragraph 2(b), in force from 20-01-1984. b. this Clause, was repealed by Act A885, paragraph 8(b), in force from 24-06-1994 and

read as follows: “(4b) if a bill is not assented to by the yang di-pertuan Agong within the time

specified in Clause (4)(a) or (4a) hereof, it shall become law at the expiration of the time as specified in Clause (4)(a) or (4a), as the case may be, in the like manner as if he had assented to it.”.

Clause (5) a. the original clause was substituted by Act A566, paragraph 12(b), in force from 16-

12-1983 and read as follows: “(5) A bill shall become law on being assented to by yang di-pertuan Agong but no

law shall come into force until it has been published, without prejudice, however, to the power of parliament to postpone the operation of any law or to make laws with retrospective effect.”.

b. Subsequently this Clause was substituted by Act A584, paragraph 2(c), in force from 20-01-1984 and read as follows:

“(5) A bill shall become law on being assented to by the yang di-pertuan Agong. if for any reason whatsoever the bill is not assented to within fifteen days of the bill being presented to the yang di-pertuan Agong, he shall be deemed to have assented to the bill and the bill shall accordingly become law.”.

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(g) the receipt of moneys on account of the Consolidated Fund or the custody or issue of such moneys or the audit of the accounts of the Federation or a State,

being provision as respects which the Minister charged with responsibility for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the bill or amendment shall not be introduced or moved except by a Minister, and a bill making any such provision shall not be introduced in the Senate.

(2) A bill or amendment shall not be deemed to make provision for any of the said matters by reason only that it provides—

(a) for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee or a fee or charge for any service rendered; or

(b) for the imposition, alteration or regulation of any tax or rate by any local authority or body for local purposes.

Assent to Bills passed by House of Representatives only

68. (1) where a money bill is passed by the house of Representatives and, having been sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within a month, it shall be presented to the yang di-pertuan Agong for his assent unless the house of Representatives otherwise directs.

(2) where—

(a) a bill which is not a money bill is passed by the house of Representatives and, having been sent to the Senate at least one month before the end of the session, is not passed by the Senate or is passed by the Senate with amendments to which the house of Representatives does not agree; and

(b) in the following session (whether of the same parliament or not) but not earlier than one year after it was first passed by the house of Representatives the same bill, with no other alterations than those mentioned in Clause (3), is passed again by the house of Representatives and

67[artiCle 67]

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NOTES

Art. 66—(cont.)

Clause (5a) a. Added by Act A566, paragraph 12(b), in force from 16-12-1983. b. this Clause was repealed by Act A584, paragraph 2(d), in force from 20-01-1984 and

read as follows: “(5a) no law shall come into force until it has been published, without prejudice,

however, to the power of parliament to postpone the operation of any law or to make laws with retrospective effect.”.

c. the words “Clause (4a)” substituted for “Clause (4b)” by Act A885, paragraph 8(c), in force from 24-06-1994.

Art. 67

1. See Art. 66(2).

Clause (1) the words “(whether directly or indirectly)” and the words “being provision as respects which the Minister charged with responsibility for finance signifies that it goes beyond what is incidental only and not of a substantial nature having regard to the purposes of the bill or amendment” which appear after paragraph (g) were inserted and the words “any such provision” substituted for “provision for any such matter” by Act 14/1962, section 16, in force from 15-07-1962.

2. See Art. 68(6).

Art. 68

See Art. 66(1), (3) & (6).

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sent to the Senate at least one month before the end of the session and is not passed by the Senate or is passed by the Senate with amendments to which the house of Representatives does not agree,

the bill shall, unless the house of Representatives otherwise directs, be presented to the yang di-pertuan Agong for his assent with such amendments, if any, as may have been agreed to by both houses.

(3) the alterations referred to in Clause (2) are alterations certified by the Speaker of the house of Representatives to be necessary owing to the time which has elapsed since the bill was passed in the earlier session or to represent amendments made in that session by the Senate.

(4) when a bill is presented to the yang di-pertuan Agong in pursuance of this Article it shall bear a certificate of the Speaker of the house of Representatives that the provisions of this Article have been complied with, and that certificate shall be conclusive for all purposes and shall not be questioned in any court.

(5) this Article does not apply to any bill for making any amendment to this Constitution, other than an amendment excepted from the provisions of Clause (3) of Article 159.

(6) in this Article “money bill” means a bill which, containing in the opinion of the Speaker of the house of Representatives only provisions dealing with all or any of the following matters, that is to say:

(a) the matters mentioned in Clause (1) of Article 67 or the regulation of any tax;

(b) the reduction of any such amount as is mentioned in paragraph (d) of Clause (1) of Article 67; and

(c) any matter incidental to those matters or any of them,

is certified by him as a money bill.

68[artiCle 68]

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NOTES

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Chapter 6—Capacity as respects property, contracts and suits

Capacity of Federation as respects property, contracts and suits

69. (1) the Federation has power to acquire, hold and dispose of property of any kind and to make contracts.

(2) the Federation may sue and be sued.

Part v

the StAteS

Precedence of Rulers and Yang di-Pertua-Yang di-Pertua Negeri

70. (1) Subject to the precedence of the yang di-pertuan Agong and his Consort, the Rulers and yang di-pertua-yang di-pertua negeri of the States shall take precedence over all other persons and each Ruler or yang di-pertua negeri shall in his own State take precedence over the other Rulers and yang di-pertua-yang di-pertua negeri.

(2) Subject to Clause (1), the Rulers shall take precedence over the yang di-pertua-yang di-pertua negeri and, among themselves, in accordance with the dates on which they acceded as Rulers, and the yang di-pertua-yang di-pertua negeri shall take precedence among themselves in accordance with the dates on which they were appointed as yang di-pertua-yang di-pertua negeri; and if yang di-pertua-yang di-pertua negeri were appointed on the same day the older shall take precedence over the younger.

Federal guarantee of State Constitutions

71. (1) the Federation shall guarantee the right of a Ruler of a State to succeed and to hold, enjoy and exercise the constitutional rights and privileges of Ruler of that State in accordance with the Constitution of that State; but any dispute as to the title to the succession as Ruler of any State shall be determined solely by such authorities and in such manner as may be provided by the Constitution of that State.

69[artiCle 69]

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NOTES

Art. 69

Clause (1): See Government Contracts Act 1949 [Act 120].

Clause (2): See Government proceedings Act 1956 [Act 359].

Art. 70

Clause (1) the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

Clauses (1) & (2) the words “yang di-pertua-yang di-pertua negeri” substituted for “Governors” by Act A514, paragraph 19(1)(a), in force from 27-08-1976.

See Art. 159(5).

Art. 71

Clause (1): See Art. 159(5).

Federal Constitution

(2) Clause (1) shall, with the necessary modifications, apply in relation to a Ruling Chief of negeri Sembilan as it applies to the Ruler of a State.

(3) if it appears to parliament that in any State any provision of this Constitution or of the Constitution of that State is being habitually disregarded, parliament may, notwithstanding anything in this Constitution, by law make provision for securing compliance with those provisions.

(4) if at any time the Constitution of any State does not contain the provisions set out in part i of the eighth Schedule, with or without the modifications allowed under Clause (5) (hereinafter referred to as “the essential provisions”) or provisions substantially to the same effect, or contains provisions inconsistent with the essential provisions, parliament may, notwithstanding anything in this Constitution, by law make provision for giving effect in that State to the essential provisions or for removing the inconsistent provisions.

(5) the provisions set out in part i of the eighth Schedule may be modified by substituting for section 2 or section 4 or both the provisions set out in part ii of that Schedule as an alternative thereto—

(a) in the case of every State, until the dissolution of the second Legislative Assembly constituted in accordance with those provisions or those provisions so modified;

(b) in the case of perlis, until such further time as the Legislative Assembly of that State may resolve and, as respects the provision set out in section 2 of that Schedule, indefinitely.

(6) A law made for a State in pursuance of this Article shall, unless sooner repealed by parliament, cease to have effect on such day as a new Legislative Assembly, constituted in that State after the passing of the law, may resolve.

(7) in relation to the State of Sabah or Sarawak—

(a) Clause (5) shall not apply; but

(b) until the end of August 1957, or such earlier date as the yang di-pertuan Agong with the concurrence of the yang di-pertua negeri may by order direct, Clause (4) shall apply as if the reference to the modifications allowed under Clause (5) were a reference to the modifications made by the Constitution of the State as in force on Malaysia Day.

70[artiCle 71]

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NOTES

Art. 71—(cont.)

Clause (4) a. Act 25/1963, section 8, in force from 29-08-1963, deleted the words “after the thirtieth

day of June, nineteen hundred and fifty-nine” which appeared after “if at any time”. b. the words “it appears to parliament that” were deleted by Act 26/1963,

subsection 12(2), in force from 16-09-1963.

Clause (7) a. Added by Act 26/1963, subsection 12(1), in force from 16-09-1963. b. the figures “1975” in paragraph (b) substituted for “1957” by Act 59/1966, section 2,

in force from 16-09-1963. c. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42,

in force from 27-08-1976. d. the words “the State of Sabah or Sarawak” substituted for “a borneo State” by

Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Federal Constitution

(8) (Repealed).

Privileges of Legislative Assembly

72. (1) the validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

(2) no person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.

(3) no person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Assembly of any State.

(4) Clause (2) shall not apply to any person charged with an offence under the law passed by parliament under Clause (4) of Article 10 or with an offence under the Sedition Act 1948 as amended by the emergency (essential powers) ordinance no. 45, 1970.

(5) notwithstanding Clause (4), no person shall be liable to any proceedings in any court in respect of anything said by him of the Ruler of any State when taking part in any proceedings of the Legislative Assembly of any State or any committee thereof except where he advocates the abolition of the Ruler’s position as the constitutional Ruler of that State.

Part vi

ReLAtionS between the FeDeRAtion AnD the StAteS

Chapter 1—Distribution of legislative powers

Extent of federal and State laws

73. in exercising the legislative powers conferred on it by this Constitution—

(a) parliament may make laws for the whole or any part of the Federation and laws having effect outside as well as within the Federation;

71[artiCle 71]

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NOTES

Art. 71—(cont.)

Clause (8) this Clause was added by Act 26/1963, subsection 12(1), in force from 16-09-1963, and repealed by Act 59/1966, section 2, in force from 16-09-1963 and read as follows:

“(8) in relation to Singapore Clauses (4) to (6) shall not apply, but no enactment of the Legislature of Singapore making in the Constitution of the State amendments relating to any matter dealt with by the provisions set out in part i of the eighth Schedule (as it applies to Singapore) shall have effect unless—

(a) the amendments do not materially affect the operation of the Constitution in relation to those matters; or

(b) the effect of the amendments is confined to inserting provisions so set out or provisions substantially to the same effect (whether or not in substitution for other provisions) or to removing provisions inconsistent with the provisions so set out; or

(c) the enactment is approved by Act of parliament.”.

Art. 72

Clause (4): Added by Act A30, section 4, in force from 10-03-1971.

Clause (5): inserted by Act A848, section 6, in force from 30-03-1993.

Part VI

See Art. 154(2).

Federal Constitution

(b) the Legislature of a State may make laws for the whole or any part of that State.

Subject matter of federal and State laws

74. (1) without prejudice to any power to make laws conferred on it by any other Article, parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List (that is to say, the First or third List set out in the ninth Schedule).

(2) without prejudice to any power to make laws conferred on it by any other Article, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List set out in the ninth Schedule) or the Concurrent List.

(3) the power to make laws conferred by this Article is exercisable subject to any conditions or restrictions imposed with respect to any particular matter by this Constitution.

(4) where general as well as specific expressions are used in describing any of the matters enumerated in the Lists set out in the ninth Schedule the generality of the former shall not be taken to be limited by the latter.

Inconsistencies between federal and State laws

75. if any State law is inconsistent with a federal law, the federal law shall prevail and the State law shall, to the extent of the inconsistency, be void.

Power of Parliament to legislate for States in certain cases

76. (1) parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say:

(a) for the purpose of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organization of which the Federation is a member; or

72[artiCle 73]

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NOTES

Art. 74

See Art. 159(4)(b).

Clause (2) the words “without prejudice to any power to make laws conferred on it by any other Article,” were inserted by Act 25/1963, subsection 2(2), in force from 31-08-1957.

Art. 75

See Art. 76a(2) & 162(2).

Art. 76

See Art. 159(4)(b) & 160(2), definition of “federal purposes”.

Clause (1): See Art. 169.

Clause (1)(b): See Art. 95d.

Federal Constitution

(b) for the purpose of promoting uniformity of the laws of two or more States; or

(c) if so requested by the Legislative Assembly of any State.

(2) no law shall be made in pursuance of paragraph (a) of Clause (1) with respect to any matters of islamic law or the custom of the Malays or to any matters of native law or custom in the States of Sabah and Sarawak and no bill for a law under that paragraph shall be introduced into either house of parliament until the Government of any State concerned has been consulted.

(3) Subject to Clause (4), a law made in pursuance of paragraph (b) or paragraph (c) of Clause (1) shall not come into operation in any State until it has been adopted by a law made by the Legislature of that State, and shall then be deemed to be a State law and not a federal law, and may accordingly be amended or repealed by a law made by that Legislature.

(4) parliament may, for the purpose only of ensuring uniformity of law and policy, make laws with respect to land tenure, the relations of landlord and tenant, registration of titles and deeds relating to land, transfer of land, mortgages, leases and charges in respect of land, easements and other rights and interests in land, compulsory acquisition of land, rating and valuation of land, and local government; and paragraph (b) of Clause (1) and Clause (3) shall not apply to any law relating to any such matter.

Power of Parliament to extend legislative powers of States

76A. (1) it is hereby declared that the power of parliament to make laws with respect to a matter enumerated in the Federal List includes power to authorize the Legislatures of the States or any of them, subject to such conditions or restrictions (if any) as parliament may impose, to make laws with respect to the whole or any part of that matter.

(2) notwithstanding Article 75, a State law made under authority conferred by Act of parliament as mentioned in Clause (1) may, if and to the extent that the Act so provides, amend or repeal (as regards the State in question) any federal law passed before that Act.

73[artiCle 76]

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NOTES

Art. 76—(cont.)

Clause (2) a. the words “or to any matters of native law or customs in the borneo States” were

inserted by Act 26/1963, section 70, in force from 16-09-1963. b. the words “islamic law” substituted for “Muslim law” by Act A354, section 45 and

“the States of Sabah and Sarawak” substituted for “the borneo States” by Act A354, section 43, in force from 27-08-1976.

Clause (3) the words “for the purposes of Article 75” which appeared before “to be a State law” were deleted by Act 10/1960, section 11, in force from 31-05-1960.

Clause (4) a. the words “other than mining leases” which appeared after “leases” were repealed by

Act 14/1962, section 17, in force from 21-06-1962. b. See Art. 80(3) & 95d.

Art. 76A

1. Added by Act 26/1963, section 37, in force from 31-08-1957.

2. See Art. 95C(1)(a).

3. See incorporation (State Legislatures Competency) Act 1962 [Act 380].

Clause (3): See Art. 95C(3).

Federal Constitution

(3) Any matter with respect to which the Legislature of a State is for the time being authorized by Act of parliament to make laws shall for purposes of Articles 79, 80 and 82 be treated as regards the State in question as if it were a matter enumerated in the Concurrent List.

Residual power of legislation

77. the Legislature of a State shall have power to make laws with respect to any matter not enumerated in any of the Lists set out in the ninth Schedule, not being a matter in respect of which parliament has power to make laws.

Legislation restricting use of rivers

78. in so far as any law made by parliament or any regulation made in pursuance of such a law restricts the rights of a State or its residents to the use for navigation or irrigation of any river wholly within that State it shall not have effect in that State unless it has been approved by a resolution of the Legislative Assembly of that State supported by a majority of the total number of its members.

Exercise of concurrent legislative powers

79. (1) where it appears to the presiding officer of either house of parliament or of the Legislative Assembly of any State that a bill or an amendment to a bill proposes a change in the law relating to any of the matters enumerated in the Concurrent List, or to any of the matters enumerated in the State List with respect to which the Federation is exercising functions in accordance with Article 94, he shall certify the bill or amendment for the purposes of this Article.

(2) A bill or amendment certified under this Article shall not be proceeded with until four weeks have elapsed since its publication, unless the presiding officer, being satisfied that the State Governments, or as the case may be, the Federal Government, have been consulted, allows it to be proceeded with on the ground of urgency.

74[artiCle 76a]

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NOTES

Art. 79

See Art. 76a(3), 92(2), 149(1) & 150(5).

Federal Constitution

Chapter 2—Distribution of executive powers

Distribution of executive powers

80. (1) Subject to the following provisions of this Article the executive authority of the Federation extends to all matters with respect to which parliament may make laws, and the executive authority of a State to all matters with respect to which the Legislature of that State may make laws.

(2) the executive authority of the Federation does not extend to any matter enumerated in the State List, except in so far as is provided in Articles 93 to 95, nor to any matter enumerated in the Concurrent List, except in so far as may be provided by federal or State law; and so far as federal or State law confers executive authority on the Federation with respect to any matter enumerated in the Concurrent List it may do so to the exclusion of the executive authority of the State.

(3) So far as a law made under Clause (4) of Article 76 makes provisions for conferring executive authority on the Federation it shall not operate in any State unless approved by resolution of the Legislative Assembly of that State.

(4) Federal law may provide that the executive authority of a State shall extend to the administration of any specified provisions of federal law and may for that purpose confer powers and impose duties on any authority of the State.

(5) Subject to any provisions of federal or State law, arrangements may be made between the Federation and a State for the performance of any functions by the authorities of the one on behalf of the authorities of the other and such arrangements may provide for the making of payments in respect of any costs incurred under the arrangements.

(6) where, in pursuance of Clause (4), any functions are conferred by federal law on any authority of a State the Federation shall make such payments to the State as may be agreed between the Federation and the State or as may in default of agreement be determined by a tribunal appointed by the Chief Justice of the Federal Court.

75[artiCle 80]

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NOTES

Art. 80

1. See Art. 76a(3).

Clause (4): See Art. 95C(1)(b).

Clause (6) a. the words “Lord president of the Federal Court” substituted for “Chief Justice” by

Act 26/1963, section 70, in force from 16-09-1963. b. Subsequently subsection 18(2) of Act A566, in force from 01-01-1985, provides that a

reference to the Federal Court shall now be construed as a reference to the Supreme Court.

2. See Art. 95C(3).

3. the words “Chief Justice of the Federal Court” substituted for “Lord president of the Supreme Court” by Act A885, section 9, in force from 24-06-1994.

Federal Constitution

Obligations of States towards Federation

81. the executive authority of every State shall be so exercised—

(a) as to ensure compliance with any federal law applying to that State; and

(b) as not to impede or prejudice the exercise of the executive authority of the Federation.

Chapter 3—Distribution of financial burdens

Financing of expenditure relating to matters on Concurrent List

82. where any law or executive action relating to any of the matters enumerated in the Concurrent List involves expenditure, such action shall be taken under this Constitution as will ensure that, unless otherwise agreed, the burden of that expenditure is borne—

(a) by the Federation, if the expenditure results either from federal commitments or from State commitments undertaken in accordance with federal policy and with the specific approval of the Federal Government;

(b) by the State or States concerned, if the expenditure results from State commitments undertaken by the State or States on its or their own authority.

Chapter 4—Land

Acquisition of land for federal purposes

83. (1) if the Federal Government is satisfied that land in a State, not being alienated land, is needed for federal purposes, that Government may, after consultation with the State Government, require the State Government, and it shall then be the duty of that Government, to cause to be made to the Federation, or to such public authority as the Federal Government may direct, such grant of the land as the Federal Government may direct:

provided that the Federal Government shall not require the grant of any land reserved for a State purpose unless it is satisfied that it is in the national interest so to do.

76[artiCle 81]

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NOTES

Art. 82

See Art. 76a(3).

Art. 83

See Art. 88.

Federal Constitution

(2) where in accordance with Clause (1) the Federal Government requires the State Government to cause to be made a grant of land in perpetuity, the grant shall be made without restrictions as to the use of the land but shall be subject to the payment annually of an appropriate quit rent and the Federation shall pay to the State a premium equal to the market value for the grant; and where the Federal Government so requires the State Government to cause to be granted any other interest in land, the Federation shall pay to the State the just annual rent therefor and such premium, if any is required by the State Government, as may be just:

provided that if the value of the land has been increased by means of any improvement made (otherwise than at the expense of the State) while the land was reserved for federal purposes, the increase shall not be taken into consideration in determining the market value, rent or premium for the purposes of this Clause.

(3) where a requirement is made under Clause (1) in respect of any land which, at the date of the requirement, was intended for any State purpose, then if—

(a) other land is acquired by the State for that purpose in substitution for the first-mentioned land; and

(b) the cost of the land so acquired exceeds the amount paid by the Federation (otherwise than as rent) in accordance with Clause (2) in respect of the interest granted to the Federation,

the Federation shall pay to the State such sum as may be just in respect of the excess.

(4) where a further grant is made in pursuance of this Article in respect of land an interest in which is vested in the Federation or any public authority, any sums payable by way of premium under Clause (2) in respect of the further grant shall be reduced by an amount equal to the market value of any improvements made (otherwise than at the expense of the State) since that interest became vested as aforesaid.

(5) the foregoing provisions of this Article (except Clause (3)) shall apply in relation to alienated land as they apply in relation to land not being alienated land, but subject to the following modifications:

77[artiCle 83]

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NOTES

Art. 83—(cont.)

Clause (5): See Art. 84(1)(a).

Clause 5(a): See Art. 88(b).

Federal Constitution

(a) in Clause (1), the words “after consultation with the State Government” shall be omitted;

(b) where a requirement is made under that Clause, it shall be the duty of the State Government to cause to be acquired by agreement or compulsorily such interest in the land as may be necessary for complying with the requirement;

(c) any expenses incurred by the State in or in connection with the acquisition of land in accordance with paragraph (b) shall be repaid by the Federation, except that if the acquisition is by agreement the Federation shall not, unless it is party to the agreement, be liable to pay more than it would have paid on a compulsory acquisition;

(d) any sums paid by the Federation to the State in accordance with paragraph (c) shall be taken into consideration in determining for the purposes of Clause (2) the market value, the appropriate quit rent or the just annual rent, and shall be deducted from any premium to be paid by the Federation under that Clause.

(6) where a grant is made to the Federation in pursuance of Clause (1) in respect of land which, or an interest in which, was acquired by the State Government at the expense of the Government of the Federation of Malaya before Merdeka Day, paragraph (d) of Clause (5) shall apply to the sums paid in respect of the acquisition by the Government of the Federation of Malaya as if they were sums paid by the Federation in accordance with paragraph (c) of Clause (5); and Clause (3) shall not apply to any such land.

(7) nothing in this Article shall prevent the reservation of land in a State for federal purposes on such terms and conditions as may be agreed between the Federal Government and the Government of the State, or affect the power of the appropriate authority in a State to acquire in accordance with any law for the time being in force any alienated land for federal purposes without a requirement by the Federal Government under this Article.

(8) nothing in this Article shall prevent the making of a grant of land in a State to the Federation, on such terms and conditions as may be agreed between the Federal Government and the Government of the State, without a requirement by the Federal Government under this Article.

84. (Repealed).

78[artiCle 83]

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NOTES

Art. 83—(cont.)

Clause (8): inserted by Act A704, section 3, in force from 10-06-1988.

Art. 84

1. this Article was deleted by Act A704, section 4, in force from 10-06-1988 and read as follows:

“84. (1) where any interest in land in a State vested in the Federation or a public authority for federal purposes ceases to be required for federal purposes, it shall revert to that State if the State Government agrees to pay to the Federation—

(a) in a case where the land, or an interest therein, was acquired by the State Government in pursuance of Clause (5) of Article 83, or was acquired by the State Government at the expense of the Government of the Federation of Malaya before Merdeka Day, an amount equal to the market value of the interest vested in the Federation or public authority;

(b) in any other case, at the option of the State Government, either— (i) an amount equal to the market value of that interest; or

(ii) an amount equal to the sums paid (otherwise than as rent) by the Federation, or by the Government of the Federation of Malaya before Merdeka Day, in respect of the grant of that interest, together with the market value of any improvements made (otherwise than at the expense of the State) to the land after that grant.

(2) where any interest in land to which Clause (1) applies does not revert to the State in accordance with that Clause, the Federal Government or the public authority, as the case may be, may sell the interest on such terms and conditions as that Government or authority may think fit.”.

2. See Art. 86(1), (2), (4), (5) & 88.

Federal Constitution

Grant to Federation of land reserved for federal purposes

85. (1) where any land in a State is reserved for any federal purposes, the Federal Government may require the State Government, and it shall then be the duty of that Government, to cause to be made to the Federation a grant of the land in perpetuity without restrictions as to the use of the land, but subject to the payment of a premium to be determined in accordance with Clause (2) and to the payment annually of an appropriate quit rent.

(2) the premium referred to in Clause (1) shall be equal to the market value of the land reduced by—

(a) the market value of any improvements made (otherwise than at the expense of the State) while the land was in use for federal purposes; and

(b) the amount, if any, paid by the Federation, or paid before Merdeka Day by the Government of the Federation of Malaya, in respect of the cost of acquisition of any interest in the land by the State Government.

(3) without prejudice to Clause (1), where any land in a State is reserved for any federal purposes, the Federal Government may offer to release the land to the State on condition that the State pays to the Federation the market value and the amount mentioned in paragraphs (a) and (b) of Clause (2); and if the State Government accepts the offer the reservation shall cease.

(4) except as provided by this Article, land in a State which is reserved for federal purposes shall not cease to be so reserved, and all land so reserved shall be controlled and managed by or on behalf of the Federal Government, and the Federal Government may grant any right of occupation, control or management, or a tenancy or lease, of the whole or any part of such land, to any person—

(a) for the use of the land by such person for any duration for the federal purpose for which it is reserved, or for any purpose ancillary or incidental thereto; or

(b) where the Federal Government is unable for any reason to use the land for the time being for the federal purpose for which it is reserved, for its use by such person for any purpose other than a federal purpose, for such duration and on such terms and conditions as the Federal Government may determine.

79[artiCle 85]

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NOTES

Art. 85

1. this Article which read as follows was substituted by Act A704, section 5, in force from 10-06-1988:

“85. (1) where any land in a State which is reserved for any federal purposes ceases to be required for those purposes, the Federal Government shall offer to release the land to the State on condition that the State pays to the Federation—

(a) the market value of any improvements made (otherwise than at the expense of the State) while the land was in use for federal purposes; and

(b) the amount, if any, paid by the Federation, or paid before Merdeka Day by the Government of the Federation of Malaya, in respect of the cost of acquisition of any interest in the land by the State Government,

and if the State Government accepts the offer the reservation shall cease.

(2) where the State Government does not accept an offer made in accordance with Clause (1), then, unless by agreement between the Federal Government and the State Government the land is reserved for another federal purpose, the Federal Government may require the State Government, and it shall then be the duty of that Government, to cause to be made to the Federation a grant of the land in perpetuity without restrictions as to the use of the land, but subject to the payment of a premium equal to the market value of the land reduced by the amounts which would have been payable to the Federation under Clause (1) if the said offer had been accepted, and to the payment annually of an appropriate quit rent; and where such a grant is made to the Federation, the Federal Government may sell and transfer or lease the land on such terms and conditions as it may think fit.

(3) except as provided by this Article, land in a State which is reserved for federal purposes shall not cease to be so reserved, and all land so reserved shall be controlled and managed by or on behalf of the Federal Government.”.

2. See Art. 86(2), (5) & 88.

Federal Constitution

(5) in this Article the reference to land in a State reserved for federal purposes includes—

(a) any land which was reserved before Merdeka Day in accordance with the provisions of any law then in force in the State for any purpose which has become a federal purpose after Merdeka Day;

(b) any land reserved for any federal purpose after Merdeka Day in accordance with the provisions of any law for the time being in force in a State;

(c) any State land referred to in the repealed Clause (4) of Article 166; and

(d) any land in a State reserved for federal purposes by virtue of Clause (7) of Article 83.

Disposition of land vested in the Federation

86. (1) where any interest in land is vested in the Federation, or in a public authority, for any purpose, the Federation or the public authority may dispose of that interest or any smaller interest in the land to any person as it deems fit.

(2) where any interest in land in a State is disposed of by or to the Federation or any public authority in pursuance of this Article or of Article 85, it shall be the duty of the Government of that State to register the transaction accordingly.

Determination of disputes as to land values

87. (1) where any dispute arises between the Federal Government and a State Government as to the making of any payment by or to the Federation under the foregoing Articles of this Chapter, or as to the amount of any such payment, the dispute shall be referred, at the instance either of the Federal Government or of the State Government, to the Lands tribunal appointed in accordance with this Article.

(2) the Lands tribunal shall consist of—

(a) a chairman, who shall be appointed by the Chief or be qualified to be a judge of the Federal Court, the

80[artiCle 85]

Federal Constitution

NOTES Art. 86

Clause (6) this Clause was added by Act A585, section 23, in force from 14-04-1984 and read as follows:

“(6) the foregoing provisions of this Article shall not apply to any land or interest in land in the Federal territory of Kuala Lumpur or the Federal territory of Labuan howsoever vested in the Federation, and the Federation may dispose of such land or interest.”.

1. this Article was substituted by Act A704, section 6, in force from 10-06-1988. the previous Article read as follows:

“86. (1) where any interest in land is vested in the Federation, the Federation may, subject to Article 84 and to Clause (2) of this Article, dispose of that interest or any smaller interest in the land.

(2) every such disposition of an interest in land shall be made conditional on the land being used for a federal purpose specified therein, and no such disposition shall be made to a person other than a public authority except—

(a) under and in accordance with the provisions of federal law; or (b) by an order of the yang di-pertuan Agong laid and approved in accordance with

Clause (3): provided that nothing in this Clause shall apply to a disposition authorized by

Article 84 or Article 85, or to a disposition by the Federation to any person for the purposes of the implementation of any treaty, agreement or convention with any other country, or to any person in his capacity as consular or diplomatic representative of any other country.

(3) An order of the yang di-pertuan Agong under paragraph (b) of Clause (2) shall be laid before both houses of parliament and shall not take effect until it is approved by resolution of each house.

(4) except as provided by Article 84, no interest in land vested for federal purposes in a public authority, or vested in any other person by virtue of a disposition under this Article, shall be disposed of by that authority or person otherwise than to the Federation.

(5) where any interest in land in a State is disposed of by or to the Federation or any public authority in pursuance of this Article or of Article 84 or 85, it shall be the duty of the Government of that State to register the transaction accordingly.

(6) the foregoing provisions of this Article shall not apply to any land or interest in land in the Federal territory of Kuala Lumpur or the Federal territory of Labuan howsoever vested in the Federation, and the Federation may dispose of such land or interest.”.

2. See Art. 88.

Art. 87

See Art. 88 & 156.

Clause 2(a) a. this paragraph was substituted by Act 26/1963, section 70, in force from 16-09-1963,

and replaced the original paragraph which read as follows: “(a) a chairman, who shall be a person who is or has been or is qualified to be a

judge of the Supreme Court, and who shall be appointed by the Chief Justice;”. b. Subsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to

the Federal Court shall now be construed as a reference to the Supreme Court.

Federal Constitution

Justice of the Federal Court and who shall be, or have been, Court of Appeal or a high Court, or shall before Malaysia Day have been a judge of the Supreme Court;

(b) a member who shall be appointed by the Federal Government; and

(c) a member who shall be appointed by the State Government.

(3) the practice and procedure of the Lands tribunal shall be regulated by rules of court framed by the Rules Committee or other authority having power under written law to make rules or orders regulating the practice and procedure of the Federal Court.

(4) An appeal shall lie from the Lands tribunal to the Federal Court on any question of law.

Application of Articles 83 to 87 to States not having a Ruler

88. in their application to any of the States not having a Ruler, Articles 83 to 87 shall have effect—

(a) subject to such adaptations (if any) as parliament may by law provide, being adaptations required to secure that they apply (as nearly as practicable having regard to differences in the system of land tenure) in the same manner as they apply to other States; and

(b) in the case of the States of Sabah and Sarawak with the omission in paragraph (a) of Clause (5) of Article 83.

Malay reservations

89. (1) Any land in a State which immediately before Merdeka Day was a Malay reservation in accordance with the existing law may continue as a Malay reservation in accordance with that law until otherwise provided by an enactment of the Legislature of that State, being an enactment—

(a) passed by a majority of the total number of members of the Legislative Assembly and by the votes of not less than two-thirds of the members present and voting; and

81[artiCle 87]

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NOTES

Art. 87—(cont.)

c. the words “Chief Justice of the Federal Court” substituted for “Lord president of the Supreme Court” and the words “Federal Court, the Court of Appeal or a high Court” substituted for “Supreme Court or a high Court” by Act A885, paragraph 10(a), in force from 24-06-1994.

Clause (3) the words “or other authority having power under written law to make rules or orders regulating the practice and procedure of the Federal Court” were added by Act 26/1963, section 70, in force from 16-09-1963.

Clause (4) the words “Federal Court” substituted for “Supreme Court” by Act 26/1963, section 70, in force from 16-09-1963.

Clauses (3) & (4) the word “Federal” substituted for “Supreme” by Act A885, paragraph 10(b), in force from 24-06-1994.

Art. 88

1. the present Article was inserted by Act 26/1963, section 44, in force from 16-09-1963. the original Article read as follows:

“88. parliament shall by law make provision for modifying Articles 83 to 87 in their application to Malacca and penang in such manner as it may consider to be required.”.

2. Paragraph (b) a. Act 59/1966, section 2, in force from 09-08-1965, deleted the words “and Singapore”

which appeared after “borneo States”. b. the words “the States of Sabah and Sarawak” substituted for “the borneo States” by

Act A354, section 43, in force from 27-08-1976.

Art. 89

See Art. 90(3) & 161a(5).

Clause (1): See Art. 62(3) & 90(2).

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(b) approved by resolution of each house of parliament passed by a majority of the total number of members of that house and by the votes of not less than two-thirds of the members voting.

(1a) Any law made under Clause (1) providing for the forfeiture or reversal to the State Authority, or for the deprivation, of the ownership of any Malay reservation, or of any right or interest therein, on account of any person, or any corporation, company or other body (whether corporate or unincorporate) holding the same ceasing to be qualified or competent under the relevant law relating to Malay reservations to hold the same, shall not be invalid on the ground of inconsistency with Article 13.

(2) Any land in a State which is not for the time being a Malay reservation in accordance with the existing law and has not been developed or cultivated may be declared as a Malay reservation in accordance with that law:

provided that—

(a) where any land in a State is declared a Malay reservation under this Clause, an equal area of land in that State which has not been developed or cultivated shall be made available for general alienation; and

(b) the total area of land in a State for the time being declared as a Malay reservation under this Clause shall not at any time exceed the total area of land in that State which has been made available for general alienation in pursuance of paragraph (a).

(3) Subject to Clause (4), the Government of any State may, in accordance with the existing law, declare as a Malay reservation—

(a) any land acquired by that Government by agreement for that purpose;

(b) on the application of the proprietor, and with the consent of every person having a right or interest therein, any other land,

and shall, in accordance with the existing law, immediately declare as a Malay reservation, in a case where any land ceases to be a Malay reservation, any other land of a similar character and of an area not exceeding the area of that land.

82[artiCle 89]

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NOTES

Art. 89—(cont.)

Clause (1a): Added by Act A514, paragraph 7(a), in force from 15-05-1981.

Clause (3) a. the words “and shall, in accordance with the existing law, immediately declare as a

Malay reservation, in a case where any land ceases to be a Malay reservation, any other land of a similar character and of an area not exceeding the area of that land.” were added after paragraph (b) by Act A514, paragraph 7(b), in force from 15-05-1981.

b. paragraph (c) was repealed by Act A514, paragraph 7(b), in force from 15-05-1981 and read as follows:

“(c) in a case where any land ceases to be a Malay reservation, any land of a similar character and of an area not exceeding the area of that land.”.

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(4) nothing in this Article shall authorize the declaration as a Malay reservation of any land which at the time of the declaration is owned or occupied by a person who is not a Malay or in or over which such a person has then any right or interest.

(5) without prejudice to Clause (3), the Government of any State may, in accordance with law, acquire land for the settlement of Malays or other communities, and establish trusts for that purpose.

(6) in this Article “Malay reservation” means land reserved for alienation to Malays or to natives of the State in which it lies; and “Malay” includes any person who, under the law of the State in which he is resident, is treated as a Malay for the purposes of the reservation of land.

(7) Subject to Article 161a, this Article shall have effect notwithstanding any other provision of this Constitution; but (without prejudice to any such other provision) no land shall be retained or declared as a Malay reservation except as provided by this Article and Article 90.

(8) the provisions of this Article shall apply to the Federal territories of Kuala Lumpur and putrajaya in the like manner that they apply to a State, save that Clause (1) in its application to the Federal territories of Kuala Lumpur and purtrajaya shall be modified to read that any land in the Federal territory of Kuala Lumpur or the Federal territory of putrajaya which immediately before Merdeka Day was a Malay reservation in accordance with the existing law may continue as a Malay reservation in accordance with that law until otherwise provided by an Act of parliament passed by a majority of the total number of members of each house of parliament and by the votes of not less than two-thirds of the members present and voting in each house.

Special provisions relating to customary land in Negeri Sembilan and Malacca, and Malay holdings in Terengganu

90. (1) nothing in this Constitution shall affect the validity of any restrictions imposed by law on the transfer or lease of customary land in the State of negeri Sembilan or the State of Malacca, or of any interest in such land.

(1a) For the purpose of Clause (1)— (a) “transfer” includes any charge, transmission or vesting,

or creation of any lien or trust, or entry of any caveat,

83[artiCle 89]

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NOTES

Art. 89—(cont.)

Clause (7) the words “Subject to Article 161a” at the commencement were inserted by Act 26/1963, section 70, in force from 16-09-1963.

Clause (8) Added by Act A585, subsection 24(1), in force from 01-02-1974, and subsequently amended by Act A1095, section 17, in force from 01-02-2001 to include in the Federal territory of putrajaya.

Note:

Article 89 of the Constitution shall not apply to the Federal territory of Labuan and Article 8 of the Constitution shall not invalidate or prohibit any provisions of federal law for reservation of land for natives in the Federal territory of Labuan or for alienation to them, or for giving them preferential treatment as regards the alienation of land in the Federal territory of Labuan by the Federation—see subsection 18(2) of Act A585.

Art. 90

See Art. 89(7).

Clause (1a): inserted by Act A566, section 13, in force from 16-12-1983.

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or any other form of dealing or disposal of whatever description or nature; and

(b) “lease” includes any tenancy of whatever form or duration.

(2) notwithstanding anything in this Constitution, the existing law in the State of terengganu with respect to Malay holdings shall continue in force until otherwise provided by an enactment of the Legislature of that State passed and approved as described in Clause (1) of Article 89.

(3) Any such enactment of the Legislature of the State of terengganu may make provision for Malay reservations corresponding with the existing law in force in any other State of a Ruler; and in that event the said Article 89 shall have effect in relation to terengganu subject to the following modifications, that is to say:

(a) in Clause (1), for the reference to land which immediately before Merdeka Day was a Malay reservation in accordance with the existing law, there shall be substituted a reference to land which, immediately before the passing of the said enactment, was a Malay holding; and

(b) subject as aforesaid, any reference to the existing law shall be construed as a reference to the said enactment.

National Land Council

91. (1) there shall be a national Land Council consisting of a Minister as chairman, one representative from each of the States, who shall be appointed by the Ruler or yang di-pertua negeri, and such number of representatives of the Federal Government as that Government may appoint but, subject to Clause (5) of Article 95e, the number of representatives of the Federal Government shall not exceed ten.

(2) the chairman may vote on any question before the national Land Council but shall not have a casting vote.

(3) the national Land Council shall be summoned to meet by the chairman as often as he considers necessary but there shall be at least one meeting in every year.

(4) if the chairman or a representative of a State or of the Federal Government is unable to attend a meeting, the authority

84[artiCle 90]

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NOTES

Art. 91

See Art. 95e(1), (2) & (5)(a).

Clause (1) a. the words “not exceeding ten” which appeared after “and such number” were deleted

and the words “but, subject to Clause (5) of Article 95e, the number of representatives of the Federal Government shall not exceed ten” were added by Act 26/1963, section 70, in force from 16-09-1963.

b. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

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by whom he was appointed may appoint another person to take his place at that meeting.

(5) it shall be the duty of the national Land Council to formulate from time to time in consultation with the Federal Government, the State Governments and the national Finance Council a national policy for the promotion and control of the utilization of land throughout the Federation for mining, agriculture, forestry or any other purpose, and for the administration of any laws relating thereto; and the Federal and State Governments shall follow the policy so formulated.

(6) the Federal Government or the Government of any State may consult the national Land Council in respect of any other matter relating to the utilization of land or in respect of any proposed legislation dealing with land or of the administration of any such law, and it shall be the duty of the national Land Council to advise that Government on any such matters.

Chapter 5—National development

National development plan

92. (1) if, after a recommendation from an expert committee and after consultation with the national Finance Council, the national Land Council and the Government of any State concerned, the yang di-pertuan Agong is satisfied that it is conducive to the national interest that a development plan be put into operation in any area or areas in one or more of the States, the yang di- pertuan Agong may, after publishing the plan, proclaim the area or areas as a development area; and thereupon parliament shall have power to give effect to the development plan or any part thereof, notwithstanding that any of the matters to which the plan relates are matters with respect to which, apart from this Article, only States would have power to make laws.

(2) Any Act passed in pursuance of this Article shall recite that it has been so passed and that the provisions of Clause (1) have been complied with; and Article 79 shall not apply to any bill for such an Act or any amendment to such a bill.

(3) in this Article, “development plan” means a plan for the development, improvement, or conservation of the natural resources

85[artiCle 91]

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NOTES

Art. 92

See Art. 95e(1), (3) & 108(4)(e).

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of a development area, the exploitation of such resources, or the increase of means of employment in the area.

(4) without prejudice to their power under any other Article to require any interest in land to be acquired or granted for federal purposes, the Federal Government may from time to time require the reservation for the purposes of a development plan, to such extent as they may specify, of any land in a development area which is not occupied by private persons; but any diminution, in consequence of the reservation, of the annual revenue received by a State shall be made good to the State by the Federation.

(5) All income received by the Federation through the operation of a development plan shall, subject to Clause (6), be applied—

(a) in the first instance, for the provision of capital and the meeting of working expenses for the development plan;

(b) in the second instance, for the repayment to the Federation of any expenditure, including expenditure under Clause (4), incurred by the Federation in operating the plan; and

(c) as to the balance, for payments to the State in which the development area is situated or, if it is situated in two or more States, to those States in such proportions as the Federal Government may determine.

(6) if it is agreed between the Federal Government and the Government of any State which includes the whole or any part of the development area that any expenditure incurred in operating the development plan is to be met by the State, any expenditure so met shall be repaid to the State and the repayment shall rank pari passu with the repayment to the Federation of any expenditure incurred by the Federation.

(7) parliament may repeal or amend any Act passed in pursuance of this Article, and for that purpose may make such incidental and consequential provisions as it may consider necessary.

(8) nothing in this Article shall affect the power of parliament or of the Legislature of any State—

(a) to impose such taxes or rates as it is authorized to impose under any other provision of this Constitution; or

86[artiCle 92]

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NOTES

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(b) to make from the Federal Consolidated Fund or the State Consolidated Fund, as the case may be, grants not repayable under Clause (5) or (6),

except that where, in pursuance of Clause (1), a rate is imposed on any property by federal law which, but for this Article, might have been imposed by State law, no rate of the same kind shall be imposed by State law for any period for which the rate imposed by federal law is payable.

Chapter 6—Federal surveys, advice to States and inspection of State activities

Inquiries, surveys and statistics

93. (1) the Federal Government may conduct such inquiries (whether by Commission or otherwise), authorize such surveys and collect and publish such statistics as it thinks fit, notwithstanding that such inquiries, surveys and collection and publication of statistics relate to a matter with regard to which the Legislature of a State may make laws.

(2) it shall be the duty of the Government of a State, and of all officers and authorities thereof, to assist the Federal Government in the execution of its powers under this Article; and for this purpose the Federal Government may give such directions as it may deem necessary.

Federal powers in respect of State subjects

94. (1) the executive authority of the Federation extends to the conduct of research, the provision and maintenance of experimental and demonstration stations, the giving of advice and technical assistance to the Government of any State, and the provision of education, publicity, and demonstration for the inhabitants of any State, in respect of any of the matters with respect to which the Legislature of a State may make laws; and the agricultural and forestry officers of any State shall accept any professional advice given to the Government of that State under this Clause.

87[artiCle 92]

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NOTES

Art. 93

See Art. 80(2) & 94(3).

Art. 94

See Art. 79(1), 80(2) & 95e(1).

Clause (1): See Art. 95e(4).

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(2) notwithstanding anything in this Constitution, the existing Departments of Agriculture, Commissioner of Lands, Forestry and Social welfare may continue to exercise the functions exercised by them immediately before Merdeka Day.

(3) nothing in this Constitution shall prevent the Federal Government from establishing Ministries or Departments of Government to exercise the functions of the Federal Government under Article 93 and this Article in relation to matters within the legislative authority of a State, and such matters may include soil conservation, local government and town and country planning.

Inspection of State activities

95. (1) Subject to Clause (3), in exercising the executive authority of the Federation any officer authorized by the Federal Government may inspect any department or work of a State Government with a view to making a report thereon to the Federal Government.

(2) A report made under this Article shall, if the Federal Government so direct, be communicated to the State Government and laid before the Legislative Assembly of the State.

(3) this Article does not authorize the inspection of any department or work dealing only with or carried on only with respect to matters within the exclusive legislative authority of a State.

Chapter 7—National Council for Local Government

National Council for Local Government

95A. (1) there shall be a national Council for Local Government consisting of a Minister as Chairman, one representative from each of the States, who shall be appointed by the Ruler or yang di-pertua negeri, and such number of representatives of the Federal Government as that Government may appoint but, subject to Clause (5) of Article 95e, the number of representatives of the Federal Government shall not exceed ten.

(2) the Chairman may vote on any question before the national Council for Local Government and shall have a casting vote.

88[artiCle 94]

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NOTES

Art. 95

See Art. 80(2).

Art. 95A

1. Added by Act 10/1960, section 12, in force from 31-05-1960.

2. See Art. 95e(1), (2) & (5)(b).

Clause (1) a. the words “not exceeding ten” which appeared after “and such number” were deleted

and the words “but, subject to Clause (5) of Article 95e, the number of representatives of the Federal Government shall not exceed ten” were added by Act 26/1963, section 70, in force from 16-09-1963.

b. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

Federal Constitution

(3) the national Council for Local Government shall be summoned to meet by the Chairman as often as he considers necessary but there shall be at least one meeting in every year.

(4) if the Chairman or a representative of a State or of the Federal Government is unable to attend a meeting, the authority by whom he was appointed may appoint another person to take his place at that meeting.

(5) it shall be the duty of the national Council for Local Government to formulate from time to time in consultation with the Federal Government and the State Governments a national policy for the promotion, development and control of local government throughout the Federation and for the administration of any laws relating thereto; and the Federal and State Governments shall follow the policy so formulated.

(6) it shall also be the duty of the Federal Government and the Government of any State to consult the national Council for Local Government in respect of any proposed legislation dealing with local government, and it shall be the duty of the national Council for Local Government to advise those Governments on any such matter.

(7) the Federal Government or the Government of any State may consult the national Council for Local Government in respect of any other matter relating to local government, and it shall be the duty of the national Council for Local Government to advise that Government on any such matter.

Chapter 8—Application to States of Sabah and Sarawak

Modifications for States of Sabah and Sarawak of distribution of legislative powers

95b. (1) in the case of the States of Sabah and Sarawak—

(a) the supplement to List ii set out in the ninth Schedule shall be deemed to form part of the State List, and the matters enumerated therein shall be deemed not to be included in the Federal List or Concurrent List; and

89[artiCle 95a]

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NOTES

Part VI

the heading of Chapter 8 “States of Sabah and Sarawak” substituted for the words “borneo States” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Art. 95b

1. Added by Act 26/1963, section 35, in force from 16-09-1963.

Clause 1 a. Act 59/1966, section 2, in force from 09-08-1965, deleted the words “and Singapore”

which appeared in the shoulder note and at the end of the first line and the word “appropriate” which appeared at the commencement of paragraphs (a) and (b) before the word “supplement”.

b. the words “State of Sabah and Sarawak” substituted for “borneo States” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Federal Constitution

(b) the supplement to List iii set out in the ninth Schedule shall, subject to the State List, be deemed to form part of the Concurrent List, and the matters enumerated therein shall be deemed not to be included in the Federal List (but not so as to affect the construction of the State List, where it refers to the Federal List).

(2) where by virtue of Clause (1) an item is included in the Concurrent List for a State for a period only, the expiration or termination of that period shall not affect the continued operation of any State law passed by virtue of the item, save as provided by federal or State law.

(3) the Legislature of the State of Sabah or Sarawak may also make laws for imposing sales taxes, and any sales tax imposed by State law in the State of Sabah or Sarawak shall be deemed to be among the matters enumerated in the State List and not in the Federal List; but—

(a) there shall not in the charging or administration of a State sales tax be any discrimination between goods of the same description according to the place in which they originate; and

(b) the charge for any federal sales tax shall be met out of sums collected from a person liable for that tax before the charge for a State sales tax.

Power by order to extend legislative or executive powers of States

95C. (1) Subject to the provisions of any Act of parliament passed after Malaysia Day, the yang di-pertuan Agong may by order make as respects any State any such provision as may be made by Act of parliament—

(a) for authorizing the Legislature of the State to make laws as mentioned in Article 76a; or

(b) for extending the executive authority of the State, and the powers or duties of any authority of the State, as mentioned in Clause (4) of Article 80.

90[artiCle 95b]

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NOTES

Art. 95b—(cont.)

Clause (3) the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

2. in the shoulder note, the words “States of Sabah and Sarawak” substituted for “borneo States” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Art. 95C

Added by Act 26/1963, section 38, in force from 16-09-1963.

Clause (1) a. the words “any State” substituted for “a borneo State” by Act 31/1965, subsection

2(1), in force from 16-09-1963. b. See—

i. borneo State (Legislative powers) order 1963—L.n. 17/1964; ii. borneo State (executive powers) (Shotguns) order 1963—L.n. 38/1964;

iii. Sarawak (Legislative powers) order 1965—L.n. 22/1965; and iv. Sarawak (Legislative powers) (no. 2) order 1965—L.n. 106/1965.

Federal Constitution

(2) An order made by virtue of paragraph (a) of Clause (1) shall not authorize the Legislature of a State to amend or repeal an Act of parliament passed after Malaysia Day, unless the Act so provides.

(3) Clause (3) of Article 76a and Clause (6) of Article 80 shall apply in relation to an order under paragraph (a) and paragraph (b) respectively of Clause (1) of this Article as they apply in relation to an Act of parliament.

(4) where an order under this Article is revoked by a later order, the later order may include provision for continuing in force (generally or to such extent or for such purposes as the order may specify) any State law passed by virtue of the earlier order or any subsidiary legislation made or thing done under any such State law, and from the coming into operation of the later order any State law thereby continued in force shall have effect as federal law:

provided that no provision shall be continued in force by virtue of this Clause if or in so far as it could not have been made by Act of parliament.

(5) Any order of the yang di-pertuan Agong under this Article shall be laid before each house of parliament.

Exclusion for States of Sabah and Sarawak of Parliament’s power to pass uniform laws about land or local government

95D. in relation to the State of Sabah or Sarawak, Clause (4) of Article 76 shall not apply, nor shall paragraph (b) of Clause (1) of that Article enable parliament to make laws with respect to any of the matters mentioned in Clause (4) of that Article.

Exclusion of States of Sabah and Sarawak from national plans for land utilization, local government, development, etc.

95E. (1) in relation to the State of Sabah or Sarawak, Articles 91, 92, 94 and 95a shall have effect subject to the following Clauses.

91[artiCle 95C]

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NOTES

Art. 95D

1. Added by Act 26/1963, section 42, in force from 16-09-1963.

2. the words “and in relation to Singapore” which appeared after “a borneo State” were deleted by Act 59/1966, section 2, in force from 09-08-1965.

3. the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Art. 95E

Added by Act 26/1963, section 43, in force from 16-09-1963.

Clause (1) a. the words “and in relation to Singapore” which appeared after “a borneo State”

and the words “and Singapore” in the shoulder note were deleted by Act 59/1966, section 2, in force from 09-08-1965.

b. the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Federal Constitution

(2) Subject to Clause (5), under Article 91 and under Article 95a the State Government shall not be required to follow the policy formulated by the national Land Council or by the national Council for Local Government, as the case may be, but the representative of the State shall not be entitled to vote on questions before the Council.

(3) under Article 92 no area in the State shall be proclaimed a development area for the purposes of any development plan without the concurrence of the yang di-pertua negeri.

(4) under Clause (1) of Article 94 (under which in respect of matters in the State List the Federation may conduct research, give advice and technical assistance, etc.) the agricultural and forestry officers of the State of Sabah or Sarawak shall consider, but shall not be required to accept, professional advice given to the Government of the State.

(5) Clause (2) shall cease to apply to a State—

(a) as regards Article 91, if parliament so provides with the concurrence of the yang di-pertua negeri; and

(b) as regards Article 95a, if parliament so provides with the concurrence of the Legislative Assembly,

but for each representative of the State of Sabah or Sarawak becoming entitled, by virtue of this Clause, to vote on questions before the national Land Council or national Council for Local Government, one shall be added to the maximum number of representatives of the Federal Government on that Council.

Part vii

FinAnCiAL pRoviSionS

Chapter 1—General

No taxation unless authorized by law

96. no tax or rate shall be levied by or for the purposes of the Federation except by or under the authority of federal law.

92[artiCle 95e]

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NOTES

Art. 95E—(cont.)

Clause (3) the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

Clause (4) the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Clause (5) a. the words “or of Singapore” which appeared after “borneo State” were deleted by

Act 59/1966, section 2, in force from 19-08-1965. b. See Art. 91(1) & 95a(1). c. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42,

in force from 27-08-1976. d. the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act

A514, paragraph 19(1)(b), in force from 27-08-1976.

Federal Constitution

Consolidated Funds

97. (1) All revenues and moneys howsoever raised or received by the Federation shall, subject to the provisions of this Constitution and of federal law, be paid into and form one fund, to be known as the Federal Consolidated Fund.

(2) All revenues and moneys howsoever raised or received by a State shall, subject to Clause (3) and to any law, be paid into and form one fund, to be known as the Consolidated Fund of that State.

(3) if in accordance with State law or in respect of the Federal territories of Kuala Lumpur, Labuan and putrajaya, in accordance with federal law any Zakat, Fitrah, baitulmal, or similar islamic religious revenue is raised, it shall be paid into a separate fund and shall not be paid out except under the authority of State law or federal law, as the case may be.

(4) unless the context otherwise requires, any reference in this Constitution to the Consolidated Fund shall be construed as a reference to the Federal Consolidated Fund.

Expenditure charged on Federal Consolidated Fund

98. (1) there shall be charged on the Consolidated Fund, in addition to any grant, remuneration or other moneys so charged by any other Article or federal law—

(a) all pensions, compensation for loss of office and gratuities for which the Federation is liable;

(b) all debt charges for which the Federation is liable; and

(c) any moneys required to satisfy any judgment, decision or award against the Federation by any court or tribunal.

(2) in making payment of any grant to a State in accordance with the provisions of this part, the Federation may deduct the amount of any debt charges payable to the Federation by the State and charged on the Consolidated Fund of that State.

(3) For the purposes of this Article debt charges include interest, sinking fund charges, the repayment or amortisation of

93[artiCle 97]

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NOTES

Art. 97

Clause (3) a. the words “or in respect of the Federal territory, in accordance with federal law”

were inserted after the words “in accordance with State law” in line one, and after the words “State law” at the end of the Clause the words “or federal law, as the case may be” were inserted by Act A206, section 11, in force from 01-02-1974.

b. the words “islamic religious revenue” substituted for “Muslim revenue” by Act A354, section 45, in force from 27-08-1976.

c. the words “territories of Kuala Lumpur and Labuan” substituted for “territory” by Act A585, section 20, in force from 16-04-1984.

d. See Financial procedure Act 1957 [Act 61]. e. the words “Kuala Lumpur, Labuan and putrajaya” substituted for “Kuala Lumpur and

Labuan” by Act A1095, section 18, in force from 01-02-2001.

Federal Constitution

debt, and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.

Annual financial statement

99. (1) the yang di-pertuan Agong shall, in respect of every financial year, cause to be laid before the house of Representatives a statement of the estimated receipts and expenditure of the Federation for that year, and, unless parliament in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year:

provided that there may be separate statements of estimated receipts and estimated expenditure, and in that case it shall not be necessary for the statement of receipts to be so laid before the commencement of the year to which it relates.

(2) the estimates of expenditure shall show—

(a) the total sums required to meet expenditure charged on the Consolidated Fund; and

(b) subject to Clause (3), the sums required to meet the expenditure for other purposes proposed to be met from the Consolidated Fund.

(3) the sums to be shown under paragraph (b) of Clause (2) do not include—

(a) sums representing the proceeds of any loan raised by the Federation for specific purposes and appropriated for those purposes by the Act authorizing the raising of the loan;

(b) sums representing any money or interest on money received by the Federation subject to a trust and to be applied in accordance with the terms of the trust;

(c) sums representing any money held by the Federation which has been received or appropriated for the purpose of any trust fund established by or in accordance with federal law.

94[artiCle 98]

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NOTES

Art. 99

See Art. 102(b).

Clause (1): proviso added by Act 14/1962, subsection 18(1), in force from 21-06-1962.

Clause (2) a. the original Clause read as follows:

“(2) the estimates of expenditure shall show separately— (a) the total sums required to meet expenditure charged on the Consolidated Fund;

and (b) subject to Clause (3), the sums respectively required to meet the heads of other

expenditure proposed to be met from the Consolidated Fund.”. b. the word “separately” appearing after the words “shall show” were deleted and

paragraph (b) was substituted by Act A354, section 18, in force from 27-08-1976.

Clause (3) a. paragraph (c) was added by Act 14/1962, subsection 18(2), in force from 21-06-1962. b. See Art. 100 & 104(2).

Clause (4) the word “purposes” substituted for “heads” by Act A354, paragraph 18(c), in force from 27-08-1976.

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(4) the said statement shall also show, so far as is practicable, the assets and liabilities of the Federation at the end of the last completed financial year, the manner in which those assets are invested or held, and the general purposes in respect of which those liabilities are outstanding.

Supply Bills

100. the expenditure to be met from the Consolidated Fund but not charged thereon, other than expenditure to be met by such sums as are mentioned in Clause (3) of Article 99, shall be included in a bill, to be known as a Supply bill, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.

Supplementary and excess expenditure

101. if in respect of any financial year it is found—

(a) that the amount appropriated by the Supply Act for any purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Supply Act; or

(b) that any moneys have been expended for any purpose in excess of the amount (if any) appropriated for that purpose by the Supply Act,

a supplementary estimate showing the sums required or spent shall be laid before the house of Representatives and the purposes of any such expenditure shall be included in a Supply bill.

Power to authorize expenditure on account or for unspecified purposes

102. parliament shall have power in respect of any financial year—

(a) before the passing of the Supply bill, to authorize by law expenditure for part of the year;

(b) to authorize by law expenditure for the whole or part of the year otherwise than in accordance with Articles 99 to

95[artiCle 99]

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NOTES

Art. 100

1. See Art. 102(b).

2. the words “heads of” before the “expenditure” in line one were deleted by Act A354, section 19, in force from 27-08-1976.

Art. 101

1. See Art. 102(b).

2. the word “purposes” substituted for “heads” by Act A354, section 20, in force from 27-08-1976.

Art. 102

See Art. 104(1)(c).

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101, if owing to the magnitude or indefinite character of any service or to circumstances of unusual urgency it appears to parliament to be desirable to do so.

Contingencies Fund

103. (1) parliament may by law provide for the creation of a Contingencies Fund and for authorizing the Minister charged with responsibility for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Contingencies Fund to meet that need.

(2) where any advance is made in accordance with Clause (1), a supplementary estimate shall be presented and a Supply bill introduced as soon as possible for the purpose of replacing the amount so advanced.

Withdrawals from Consolidated Fund

104. (1) Subject to Clause (2), no moneys shall be withdrawn from the Consolidated Fund unless they are—

(a) charged on the Consolidated Fund; or

(b) authorized to be issued by a Supply Act; or

(c) authorized to be issued under Article 102.

(2) Clause (1) does not apply to any such sums as are mentioned in Clause (3) of Article 99.

(3) no moneys shall be withdrawn from the Consolidated Fund except in the manner provided by federal law.

Auditor General

105. (1) there shall be an Auditor General, who shall be appointed by the yang di-pertuan Agong on the advice of the prime Minister and after consultation with the Conference of Rulers.

(2) A person who has held the office of Auditor General

96[artiCle 102]

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NOTES

Art. 103

See— a. Art. 109(5); b. Financial procedure Act 1957 [Act 61], section 11.

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shall be eligible for reappointment but shall not be eligible for any other appointment in the service of the Federation or for any appointment in the service of a State.

(3) the Auditor General may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.

(4) parliament shall by law provide for the remuneration of the Auditor General, and the remuneration so provided shall be charged on the Consolidated Fund.

(5) the remuneration and other terms of office (including pension rights) of the Auditor General shall not be altered to his disadvantage after his appointment.

(6) Subject to the provisions of this Article, the terms and conditions of service of the Auditor General shall be determined by federal law and, subject to the provisions of federal law, by the yang di-pertuan Agong.

Powers and duties of Auditor General

106. (1) the accounts of the Federation and of the States shall be audited and reported on by the Auditor General.

(2) the Auditor General shall perform such other duties and exercise such powers in relation to the accounts of the Federation and of the States and to the accounts of other public authorities and of those bodies which are specified by order made by the yang di-pertuan Agong, as may be provided by federal law.

Reports of Auditor General

107. (1) the Auditor General shall submit his reports to the yang di-pertuan Agong, who shall cause them to be laid before the house of Representatives.

(2) A copy of any such report relating to the accounts of a State, or to the accounts of any public authority exercising powers conferred by State law, shall be submitted to the Ruler or yang di-pertua negeri of that State, who shall cause it to be laid before the Legislative Assembly.

97[artiCle 105]

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NOTES

Art. 105

Clause (3) a. the words “Federal Court” substituted for “Supreme Court” by Act 26/1963, section 70,

in force from 16-09-1963. b. Subsequently subsection 18(2) of Act A566, in force from 01-01-1985, provides that a

reference to the Federal Court shall now be construed as a reference to the Supreme Court.

c. Act A885, section 11, in force from 24-06-1994, substituted the word “Federal” for “Supreme”.

Clauses (4) & (6): See Audit Act 1957 [Act 62].

Art. 106

Clause (2) a. See Audit Act 1957 [Act 62]. b. the words “of those bodies which are specified by order made by the yang di-pertuan

Agong” substituted for “bodies administering public funds” by Act A354, section 21, in force from 27-08-1976.

c. See Statutory bodies (Accounts and Annual Reports) Act 1980 [Act 240].

Art. 107

Clause (2) a. See Art. 112a(1). b. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42,

in force from 27-08-1976.

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National Finance Council

108. (1) there shall be a national Finance Council consisting of the prime Minister, such other Ministers as the prime Minister may designate, and one representative from each of the States, appointed by the Ruler or yang di-pertua negeri.

(2) the national Finance Council shall be summoned to meet by the prime Minister as often as he considers necessary and whenever the representatives of three or more States demand a meeting, but there shall be at least one meeting in every twelve months.

(3) At any meeting of the national Finance Council the prime Minister may be represented by another Minister of the Federation, and the prime Minister or, if he is not present, the Minister representing him, shall preside.

(4) it shall be the duty of the Federal Government to consult the national Finance Council in respect of—

(a) the making of grants by the Federation to the States;

(b) the assignment to the States of the whole or any portion of the proceeds of any federal tax or fee;

(c) the annual loan requirements of the Federation and the States and the exercise by the Federation and the States of their borrowing powers;

(d) the making of loans to any of the States;

(e) the making of development plans in accordance with Article 92;

(f) the matters referred to in item 7(f) and (g) of the Federal List;

(g) any proposal to introduce a bill for such a law as is mentioned in Clause (2) of Article 109 or Clause (3) or (3a) of Article 110;

(h) any other matter in respect of which this Constitution or federal law makes provision for consultation with the national Finance Council.

(5) the Federal Government may consult the national Finance Council in respect of any other matter, whether or not

98[artiCle 108]

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NOTES

Art. 108

Clause (1) a. the words “other Ministers” substituted for “other Minister” by Act A354, section 22,

in force from 27-08-1976. b. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42,

in force from 27-08-1976.

Clause (4) the words “or (3a)” at end of paragraph (g) were inserted by Act 14/1962, section 32, in force from 21-06-1962.

See Art. 112d(7).

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it involves questions of finance, and the Government of a State may consult the said Council in respect of any matter which affects the financial position of that State.

Grants to States

109. (1) the Federation shall make to each State in respect of each financial year—

(a) a grant, to be known as a capitation grant, which shall be calculated in accordance with the provisions of part i of the tenth Schedule;

(b) a grant for the maintenance of State roads, to be known as the State road grant, which shall be calculated in accordance with the provisions of part ii of that Schedule.

(2) parliament may from time to time by law vary the rates of the capitation grant; but if the effect of any such law is to reduce the grant, provision shall be made in that law for securing that the amount of grant received by any State in respect of any financial year is not less than ninety per cent of the amount received by that State in the preceding financial year.

(3) parliament may by law make grants for specific purposes to any of the States on such terms and conditions as may be provided by any such law.

(4) the amounts required for making the grants mentioned in the preceding provisions of this Article shall be charged on the Consolidated Fund.

(5) if, in accordance with Article 103, a Contingencies Fund is created, the power to make advances from that Fund for meeting an urgent and unforeseen need for expenditure shall include power to make such advances to a State for meeting such a need.

(6) the Federation shall pay into a fund, to be known as the State Reserve Fund—

(a) (Repealed);

(b) in respect of every financial year such sum as the Federal Government may, after consultation with the national Finance Council, determine to be necessary,

99[artiCle 108]

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NOTES

Art. 109

Clause (2): See Art. 108(4)(g).

Clause (6) the word “succeeding” which appeared before “financial year” in paragraph (b) was deleted and paragraph (a) were repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“(a) in respect of the first financial year in which part vii is in operation, the sum of four million dollars; and”.

Federal Constitution

and the Federation may from time to time, after consultation with the national Finance Council, make grants out of the State Reserve Fund to any State for the purposes of development or generally to supplement its revenues.

Assignment of taxes and fees to the States

110. (1) Subject to Clause (2), each of the States shall receive all proceeds from the taxes, fees and other sources of revenue specified in part iii of the tenth Schedule so far as collected, levied or raised within the State.

(2) parliament may from time to time by law substitute for any source of revenue specified in section 1, 3, 4, 5, 6, 7, 8, 12 or 14 of part iii of the tenth Schedule or for any source of revenue so substituted, another source of revenue of substantially equal value.

(3) each State shall receive, on such terms and conditions as may be provided by or under federal law, ten per cent or such greater amount as may be so provided of the export duty on tin produced in the State.

(3a) parliament may by law provide that each State shall receive, on such terms and conditions as may be prescribed by or under federal law, such proportion as may be so prescribed of the export duty on minerals (other than tin) produced in the State.

in this Article “minerals” means mineral ores, metal and mineral oils.

(3b) without prejudice to the power to impose conditions conferred by Clause (3) or (3a), parliament may by law provide for prohibiting or restricting, in, or except in, such cases as may be provided by or under the law, the levying of royalties on or similar charges in respect of minerals (whether under a lease or other instrument or under any State enactment, and whether the instrument was made or the enactment passed before or after the coming into operation of this Clause).

(4) without prejudice to the provisions of Clauses (1) to (3a), parliament may by law—

100[artiCle 109]

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NOTES

Art. 110

See Art. 161C(3).

Clause (3) a. the words “may be provided by or under federal law” and “may be so provided”

substituted for “parliament may by law provide” by Act 14/1962, section 32, in force from 21-06-1962.

b. See Art. 108(4)(g).

Clause (3a) a. Added by Act 14/1962, section 19, in force from 21-06-1962. b. See Art. 108(4)(g) & 112C(3). c. See—

i. Assignment of Revenue (export Duty on iron ore) Act 1962 [Act 395]; ii. Assignment of export Duty (Mineral ores) Act 1964 [Act 396].

Clause (3b) a. Added by Act 14/1962, section 19, in force from 21-06-1962. b. See Art. 112C(4).

Clause (4) a. the words “to (3a)” substituted for “to (3)” by Act 14/1962, section 32, in force from

21-06-1962. b. See Art. 112C(3).

Clause (5) the words “Clauses (3) and (3a)” substituted for “Clause (3)” by Act 14/1962, section 32, in force from 21-06-1962.

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(a) assign to the States the whole or any portion of the proceeds of any tax or fee raised or levied by the Federation; and

(b) assign to the States the responsibility of collecting for State purposes any tax or fee authorized by federal law.

(5) the amounts receivable by the States under Clause (1), (2) or (4) shall not be paid into the Consolidated Fund; and the amounts receivable by the States under Clauses (3) and (3a) shall be charged on the Consolidated Fund.

Restriction on borrowing

111. (1) the Federation shall not borrow except under the authority of federal law.

(2) A State shall not borrow except under the authority of State law, and State law shall not authorize a State to borrow except from the Federation or, for a period not exceeding five years, from a bank or other financial source approved for that purpose by the Federal Government, and subject to such conditions as may be specified by the Federal Government.

(3) A State shall not give any guarantee except under the authority of State law, and such guarantee shall not be given except with the approval of the Federal Government and subject to such conditions as may be specified by it.

Restriction on alterations in establishments of States

112. (1) Subject to Clause (2), no State shall, without the approval of the Federation, make any addition to its establishment or the establishment of any of its departments, or alter the rates of established salaries and emoluments, if the effect of doing so would be to increase the liability of the Federation in respect of pensions, gratuities or other like allowances.

(2) this Article does not apply to—

(a) non-pensionable appointments the maximum salaries of which do not exceed four hundred ringgit per month or such other amount as may be fixed by order by the

101[artiCle 110]

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NOTES

Art. 111

Clause (2) the present Clause was inserted by Act A354, section 23, in force from 27-08-1976, and replaced the earlier Clause which read as follows:

“(2) A State shall not borrow except under the authority of State law, and State law shall not authorized a State to borrow except from the Federation or, for a period not exceeding twelve months, from a bank approved for that purpose by the Federal Government.”.

See Art. 112b.

Clause (3): Substituted by Act A354, section 23, in force from 27-08-1976.

Art. 112

Clauses (2)(a) & (b) a. the word “ringgit” substituted for “dollars” by Act 160, paragraph 2(b), in force from

29-08-1975. b. the words “or such other amount as may be fixed by order by the yang di-pertuan

Agong” were inserted after the words “per month” by Act A354, section 24, in force from 27-08-1976.

Federal Constitution

yang di-pertuan Agong; or

(b) pensionable appointments the maximum salaries of which do not exceed one hundred ringgit per month or such other amount as may be fixed by order by the yang di-pertuan Agong.

Chapter 2—Application to States of Sabah and Sarawak

State audits in States of Sabah and Sarawak

112A. (1) the Auditor General shall submit his reports relating to the accounts of each of the States of Sabah and Sarawak, or to the accounts of any public authority exercising powers vested in it by the State law in either of those States, to the yang di- pertuan Agong (who shall cause them to be laid before the house of Representatives) and to the yang di-pertua negeri of the State; and accordingly Clause (2) of Article 107 shall not apply to those reports.

(2) the yang di-pertua negeri shall cause any such report submitted to him to be laid before the Legislative Assembly.

(3) the powers and duties of the Auditor General in relation to the accounts mentioned in Clause (1) for any period ending before the year 1969 shall, in the State of Sabah or Sarawak, be exercised and discharged on his behalf by the senior officer of his department for the time being stationed in the State in question:

provided that during the absence or incapacity of that officer, or a vacancy in his post, those powers and duties shall be exercised and discharged by the Auditor General or such officer of his department as he may designate.

Borrowing powers of States of Sabah and Sarawak

112b. Clause (2) of Article 111 shall not restrict the power of the State of Sabah or Sarawak to borrow under the authority of State law within the State, if the borrowing has the approval of the Central bank for the time being of the Federation.

102[artiCle 112]

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NOTES

Part VII

the heading of Chapter 2 “States of Sabah and Sarawak” substituted for the words “borneo States” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Art. 112A

Added by Act 26/1963, section 50, in force from 16-09-1963.

Clause (1) a. the words “each of the borneo States” substituted for “a borneo State or Singapore”

and the words “either of those States” substituted for “any of those States” by Act 59/1966, section 2, in force from 09-08-1965.

b. the words “the States of Sabah and Sarawak” substituted for “the borneo States” by Act A354, section 43, in force from 27-08-1976.

c. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

Clause (2) the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

Clause (3) the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Art. 112b

1. Added by Act 26/1963, section 49, in force from 16-09-1963.

2. the words “or of Singapore” which appeared after the words “borneo State” and the words “, nor the power of Singapore to borrow under the authority of State law otherwise than within the State, if the borrowing has the approval of the Federal Government” which appeared at the end were deleted by Act 59/1966, section 2, in force from 09-08-1965.

3. the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

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Special grants and assignments of revenue to States of Sabah and Sarawak

112C. (1) Subject to the provisions of Article 112d and to any limitation expressed in the relevant section of the tenth Schedule—

(a) the Federation shall make to the States of Sabah and Sarawak in respect of each financial year the grants specified in part iv of that Schedule; and

(b) each of those States shall receive all proceeds from the taxes, fees and dues specified in part v of that Schedule, so far as collected, levied or raised within the State, or such part of those proceeds as is so specified.

(2) the amounts required for making the grants specified in the said part iv, and the amounts receivable by the State of Sabah or Sarawak under section 3 or 4 of the said part v, shall be charged on the Consolidated Fund; and the amounts otherwise receivable by the State of Sabah or Sarawak under the said part v shall not be paid into the Consolidated Fund.

(3) in Article 110, Clauses (3a) and (4) shall not apply to the State of Sabah or Sarawak.

(4) Subject to Clause (5) of Article 112d, in relation to the State of Sabah or Sarawak Clause (3b) of Article 110—

(a) shall apply in relation to all minerals, including mineral oils; but

(b) shall not authorize parliament to prohibit the levying of royalties on any mineral by the State or to restrict the royalties that may be so levied in any case so that the State is not entitled to receive a royalty amounting to ten per cent ad valorem (calculated as for export duty).

Reviews of special grants to States of Sabah and Sarawak

112D. (1) the grants specified in section 1 and subsection (1) of section 2 of part iv of the tenth Schedule, and any substituted or additional grant made by virtue of this Clause, shall at the intervals mentioned in Clause (4) be reviewed by the Governments of the Federation and the States or State concerned, and if they

103[artiCle 112C]

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NOTES

Art. 112C

Added by Act 26/1963, section 46, in force from 16-09-1963.

Clause (1)(a) the words “the States of Sabah and Sarawak” substituted for “the borneo States” by Act A354, section 43, in force from 27-08-1976.

Clause (2): See Art. 112d(1).

Clauses (2), (3) & (4) the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Clause (4): See Art. 112d(5).

Art. 112A, 112b, 112C & 112D

in the shoulder note, the words “States of Sabah and Sarawak” substituted for “borneo States” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Art. 112D

1. Added by Act 26/1963, section 47, in force from 16-09-1963.

2. See Art. 112C & tenth Schedule, part iv, subsection 1(2).

Federal Constitution

agree on the alteration or abolition of any of those grants, or the making of another grant instead of or as well as those grants or any of them, the said part iv and Clause (2) of Article 112C shall be modified by order of the yang di-pertuan Agong as may be necessary to give effect to the agreement:

provided that on the first review the grant specified in subsection (2) of section 1 of the said part iv shall not be brought into question except for the purpose of fixing the amounts for the ensuing five years.

(2) Any review under this Article shall take into account the financial position of the Federal Government, as well as the needs of the States or State concerned, but (subject to that) shall endeavour to ensure that the State revenue is adequate to meet the cost of State services as they exist at the time of the review, with such provision for their expansion as appears reasonable.

(3) the period for which provision is to be made on a review shall be a period of five years or (except in the case of the first review) such longer period as may be agreed between the Federation and the States or State concerned; but any order under Clause (1) giving effect to the results of a review shall continue in force after the end of that period, except in so far as it is superseded by a further order under that Clause.

(4) A review under this Article shall not take place earlier than is reasonably necessary to secure that effect can be given to the results of the review from the end of the year 1968 or, in the case of a second or subsequent review, from the end of the period provided for by the preceding review; but, subject to that, reviews shall be held as regards both the States of Sabah and Sarawak for periods beginning with the year 1969 and with the year 1974, and thereafter as regards either of them at such time (during or after the period provided for on the preceding review) as the Government of the Federation or of the State may require.

(5) if on the occasion of any review under this Article the Government of the Federation gives notice to the States or State concerned of their intention to vary any of the assignments of revenue under part v of the tenth Schedule (including any substituted or additional assignment made by virtue of this Clause), or to vary Clause (4) of Article 112C, the review shall take the

104[artiCle 112d]

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NOTES

Art. 112D—(cont.)

Clause (4) the words “States of Sabah and Sarawak” substituted for “borneo States” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Clause (5): See Art. 112C(4).

Federal Constitution

variation into account, and provision shall be made by order of the yang di-pertuan Agong so as to give effect to the variation from the beginning of the period provided for on the review:

provided that this Clause shall not apply to the assignments under sections 4, 7 and 8, and shall not apply to that under section 5 or 6 until the second review.

(6) if on any review the Federal Government and the Government of a State are unable to reach agreement on any matter, it shall be referred to an independent assessor, and his recommendations thereon shall be binding on the governments concerned and shall be given effect as if they were the agreement of those governments.

(7) Clause (4) of Article 108 shall not apply to require the Federal Government to consult the national Finance Council in respect of matters arising under this Article.

(8) Any order of the yang di-pertuan Agong under this Article shall be laid before each house of parliament.

112E. (Repealed).

part viii

eLeCtionS

Conduct of elections

113. (1) there shall be an election Commission, to be constituted in accordance with Article 114, which, subject to the provisions of federal law, shall conduct elections to the house of Representatives and the Legislative Assemblies of the States and prepare and revise electoral rolls for such elections.

(2) (i) Subject to paragraph (ii), the election Commission shall, from time to time, as they deem necessary, review the division of the Federation and the States into constituencies and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the thirteenth Schedule; and the reviews of constituencies for the purpose of elections to the Legislative Assemblies shall be undertaken at

105[artiCle 112d]

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NOTES

Art. 112E

this Article was inserted by Act 26/1963, section 48, in force from 16-09-1963, and was repealed by Act 59/1966, section 2, in force from 09-08-1965. the Article read as follows:

“112e. (1) the Federal Government and the government of Singapore may from time to time enter into agreements providing for all or any of the following matters:

(a) the manner in which the revenue derived by the Federation from Singapore or any part of that revenue is to be collected and accounted for, and the division of it between the Federation and the State;

(b) the exercise by the State government or other authority of that State in relation to any such revenue of powers conferred by the laws relating thereto, or the concurrence of that government or any such authority in the exercise of any of those powers;

(c) the inclusion of Singapore in a common market with the rest of the Federation, the establishment of a tariff Advisory board and the laying down of conditions for the levying of import and export duties in relation to goods imported into or exported from Singapore;

(d) excluding or modifying in relation to the State all or any of the provisions of Articles 109 and 110 and the tenth Schedule;

(e) the making of payments (by way of loan or otherwise) by the Federation to the State or by the State to the Federation;

(f) determining the revenue which is to be treated for the purposes of any such agreement as derived from Singapore, reviewing the operation of any such agreement and referring to the decision of an independent assessor matters arising on such a review and not settled by agreement, and other matters arising out of or incidental to any such agreement.

(2) the yang di-pertuan Agong shall by order make such provision as may be necessary to give effect to any such agreement as is mentioned in Clause (1), including provision modifying in relation to Singapore any law relating to any federal revenue; and any such order shall be laid before each house of parliament.

(3) An order under Clause (2) may provide that the executive authority of the State shall extend to the administration of any specified provisions of the law relating to any federal revenue, and may for that purpose confer powers and impose duties on any authority of the State.

(4) in relation to Singapore part iii of the tenth Schedule shall have effect as if the source of revenue specified in section 7 included the property tax levied for local purposes by the State.

(5) the decision of an independent assessor on any matter referred to him on the review of an agreement under this Article shall be binding on the governments concerned and shall be treated for purposes of this Article as the agreement of those governments.

(6) Clause (4) of Article 108 shall not apply to require the Federal Government to consult the national Finance Council in respect of any agreement under this Article.

(7) An agreement made before Malaysia Day shall have effect for the purposes of this Article.

(8) this Article shall cease to have effect as regards the making of any further agreement thereunder—

(a) if at any time there is no agreement in force under this Article; and (b) in such other circumstances as may be provided by any agreement thereunder:

provided that it shall not under paragraph (a) so cease to have effect pending the completion of a review of the operation of such an agreement (including any reference to an independent assessor).”.

Art. 113

Clause (1)

a. the words “and delimit constituencies” which appeared after “Legislative Assemblies of the States” were deleted by Act 14/1962, paragraph 20(a), in force from 21-06-1962.

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the same time as the reviews of constituencies for the purpose of elections to the house of Representatives.

(ii) there shall be an interval of not less than eight years between the date of completion of one review, and the date of commencement of the next review, under this Clause.

(iii) A review under paragraph (i) shall be completed within a period of not more than two years from the date of its commencement.

(3) if the election Commission are of opinion that in consequence of a law made under Article 2 it is necessary to undertake the reviews mentioned in Clause (2), they shall do so, whether or not eight years have elapsed since the last review under that Clause.

(3a) (i) where the number of elected members of the house of Representatives is altered in consequence of any amendment to Article 46, or the number of elected members of the Legislative Assembly of a State is altered in consequence of a law enacted by the Legislature of a State, the election Commission shall, subject to Clause (3b), undertake a review of the division into federal or State constituencies, as the case may be, of the area which is affected by the alteration, and such review shall be completed within a period of not more than two years from the date of the coming into force of the law making the alteration.

(ii) A review under paragraph (i) shall not affect the interval provided under paragraph (ii) of Clause (2) in respect of a review under paragraph (i) of that Clause.

(iii) the provisions of the thirteenth Schedule shall apply to a review under this Clause, but subject to such modifications as may be considered necessary by the election Commission.

(3b) where an amendment to Article 46 or a law enacted by the Legislative Assembly of a State referred to in paragraph (i) of Clause (3a) comes into force after the lapse of eight years from the date of completion of the last review under Clause (2) and the election Commission are of the opinion that it is necessary to undertake a review under Clause (2), the election Commission shall not undertake a review under paragraph (i) of Clause (3a) but shall instead undertake a review under Clause (2) and in conducting such review shall take into account any area which is affected in consequence of the amendment or the law referred to in paragraph (i) of Clause (3a).

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NOTES

Art. 113—(cont.)

b. See— i. Art. 115(2);

ii. elections Act 1958 [Act 19].

Clause (2) a. this Clause as originally in force commenced as follows:

“After the first delimitation of constituencies in accordance with Articles 116 and 117 the election Commission shall, at intervals of not more than ten nor, subject to Clause (3), less than eight years, review the division of the Federation and the States into constituencies and make such changes therein as they may think necessary in order to comply with the provisions of those Articles; and the reviews of constituencies for the purpose of elections to the Legislative Assemblies shall be undertaken at the same time as the reviews of constituencies for the purpose of elections to the house of Representatives.”.

b. Act 14/1962, paragraph 20(b), in force from 21-06-1962, substituted the words “Article 171” for “Articles 116 and 117” and paragraph 20(c) substituted the words “and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the thirteenth Schedule” for “and make such changes therein as they may think necessary in order to comply with the provisions of those Articles”.

c. Act 26/1963, subsection 10(2), in force from 16-09-1963, deleted the words “After the first delimitation of constituencies in accordance with Article 171” which then appeared at the commencement.

d. the present Clause was substituted by Act A585, paragraph 25(a), in force from 14-04-1984 and replaced the earlier Clause which read as follows:

“(2) the election Commission shall, at intervals of not more than ten nor, subject to Clause (3), less than eight years, review the division of the Federation and the States into constituencies and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the thirteenth Schedule; and the reviews of constituencies for the purpose of elections to the Legislative Assemblies shall be undertaken at the same time as the reviews of constituencies for the purpose of elections to the house of Representatives.”.

e. See thirteenth Schedule, section 4.

Clause (3) the words “or 46” which appeared after “Article 2” were deleted by Act 14/1962, section 32, in force from 21-06-1962.

Clause (3a) a. Added by Act A585, paragraph 25(b), in force from 14-04-1984. b. the words “, subject to Clause (3b),” were inserted in paragraph Clause (3a)(i), by

Act A849, paragraph 2(a), in force from 20-11-1992.

Clause (3b): Added by Act A849, paragraph 2(b), in force from 20-11-1992.

Clause (4)

a. the present Clause was inserted by Act 14/1962, section 32, in force from 21-06-1962 and replaced the original Clause which read as follows:

“(4) the election Commission shall also conduct elections to the municipal council of the federal capital, and State law may authorize the Commission to conduct any other election.”.

b. See Local Government elections Act 1960 [Act 473].

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(4) Federal or State law may authorize the election Commission to conduct elections other than those referred to in Clause (1).

(5) So far as may be necessary for the purposes of its functions under this Article the election Commission may make rules, but any such rules shall have effect subject to the provisions of federal law.

(6) there shall be separate reviews under Clause (2) for the States of Malaya and for each of the States of Sabah and Sarawak, and for the purposes of this part the expression “unit of review” shall mean, for federal constituencies, the area under review and, for State constituencies, the State, and the expression “States of Malaya” shall include the Federal territories of Kuala Lumpur, Labuan and putrajaya.

(7) Subject to Clause (3), the period for the first reviews under Clause (2) for any unit of review shall be calculated from the first delimitation of constituencies for that unit under this Constitution or under the Malaysia Act [Act 26 of 1963].

(8) notwithstanding Clause (7) of this Article the period for reviews under Clause (2) for the unit of review of the States of Malaya undertaken after the passing of the Constitution (Amendment) (no. 2) Act 1973 shall be calculated from the first delimitation of constituencies for that unit immediately following the passing of that Act.

(9) the date of the commencement of a review under Clause (2) or Clause (3a), as the case may be, shall be the date of the publication in the Gazette of the notice referred to in section 4 of the thirteenth Schedule.

(10) the date of the completion of a review under Clause (2) or Clause (3a), as the case may be, shall be the date of the submission of the report to the prime Minister under section 8 of the thirteenth Schedule, and a notice of such date shall be published by the election Commission in the Gazette.

Constitution of Election Commission

114. (1) the election Commission shall be appointed by the yang di-pertuan Agong after consultation with the Conference of Rulers, and shall consist of a chairman, a deputy chairman and five other members.

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NOTES

Art. 113—(cont.)

Clause (5) See Constitution (election Commission) Rules 1960—L.n. 110/1960.

Clause (6) a. Added by Act 26/1963, subsection 10(2), in force from 16-09-1963. b. the word “and” which appears after the words “States of Malaya” was inserted and

the words “and for the State of Singapore” which appeared after the words “borneo States” were deleted by Act 59/1966, section 2, in force from 09-08-1965.

c. the words “the States of Sabah and Sarawak” substituted for “the borneo States” by Act A354, section 43, in force from 27-08-1976.

d. the words “, and the expression “States of Malaya” shall include the Federal territory of Kuala Lumpur and Federal territory of Labuan” were inserted by Act A585, subsection 15(1), in force from 16-04-1984.

e. Subsequently the words “Federal territories of Kuala Lumpur, Labuan and putrajaya” substituted for the words “Federal territory of Kuala Lumpur and the Federal territory of Labuan” by Act A1095, subsection 19(1), in force from 01-02-2001.

Notes:

1. upon the commencement of Act A1095, the area which constitutes the Federal territory of putrajaya shall cease to form part of a State constituency, but until the dissolution of the Legislative Assembly of the State of Selangor next following the commencement of this Act, the member of that Assembly elected from such constituency shall, notwithstanding the exclusion of that area from such constituency, continue to be a member of that Assembly.

2. until the dissolution of parliament next following the commencement of Act A1095, the federal constituency which includes the area which constitutes the Federal territory of putrajaya shall continue to exist and the member elected from such constituency shall continue to be a member of parliament.

Clause (7): Added by Act 26/1963, subsection 10(2), in force from 16-09-1963.

Clause (8): inserted by Act A206, section 13, in force from 23-08-1973.

Clauses (9) & (10): inserted by Act A585, paragraph 25(c), in force from 14-04-1984.

Notes:

1. upon the commencement of Act A585 in force from 16-04-1984 the area which constitutes the Federal territory of Labuan shall cease to form part of a State constituency.

2. until the dissolution of the Legislative Assembly of the State of Sabah, next following the commencement of Act A585 the member of the said assembly elected from such constituency shall, notwithstanding the exclusion of the said area from the said constituency, continue to be a member of the said Assembly.

For the dissolution of the Legislative Assembly of the State of Sabah—See Sabah G.N. No. 141/1985.

3. until the dissolution of parliament next following the commencement of that Act, the federal constituency which includes the area which constitutes the Federal territory of Labuan shall continue to exist and the member elected from the said constituency shall continue to be a member of parliament.

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(2) in appointing members of the election Commission the yang di-pertuan Agong shall have regard to the importance of securing an election Commission which enjoys public confidence.

(3) A member of the election Commission shall cease to hold office on attaining the age of sixty-six years or on becoming disqualified under Clause (4) and may at any time resign his office by writing under his hand addressed to the yang di-pertuan Agong, but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.

(4) notwithstanding anything in Clause (3), the yang di-pertuan Agong shall by order remove from office any member of the election Commission if such member—

(a) is an undischarged bankrupt; or

(b) engages in any paid office or employment outside the duties of his office; or

(c) is a member of either house of parliament or of the Legislative Assembly of a State.

(4a) in addition to any disqualification provided under Clause (4), the chairman of the election Commission shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

(5) parliament shall by law provide for the remuneration of members of the election Commission, and the remuneration so provided shall be charged on the Consolidated Fund.

(5a) Subject to the provisions of this Article, parliament

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NOTES

Art. 114

Clause (1) a. the words “three other members” substituted for “two other members” by Act 26/1963,

subsection 10(1), in force from 16-09-1963. b. Subsequently the word “five” substituted for “three” by Act A1130, section 8, in force

from 28-09-2001. c. the words “, a deputy chairman” were inserted by Act A514, paragraph 8(a), in force

from 15-05-1981.

Clause (3) a. the words “Federal Court” substituted for “Supreme Court” by Act 26/1963, section 70,

in force from 16-09-1963. b. Subsequently subsection 18(2) of Act A566, in force from 01-01-1985, provides that a

reference to the Federal Court shall now be construed as a reference to the Supreme Court.

c. Act A885, section 12, in force from 24-06-1994, substituted the word “Federal” for “Supreme”.

Clause (4) a. the present Clause was substituted by Act 10/1960, section 13, in force from 31-08-1957,

and replaced the original Clause which read as follows: “(4) A person is disqualified for appointment as a member of the election Commission

if he holds any other office of profit or is a member of either house of parliament or of the Legislative Assembly of any State.”.

b. the amendment made to Article 114 by Act 10/1960 has effect notwithstanding in Clause (6) of the Article—see subsection 21(2) of Act 14/1962.

c. the word “shall” substituted for “may” by Act A514, paragraph 8(b), in force from 15-05-1981.

Clause (4)(b) a. Act A514, paragraph 8(c), in force from 15-05-1981, substituted the earlier paragraph

which read as follows: “(b) engages in any paid office or employment outside the duties of his office; or”

with the following: “(b) is or becomes a member of any board of directions or board of management, or

an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it; or”.

b. this paragraph was again substituted by the present paragraph as it appears by virtue of Act A566, paragraph 14(1)(a), in force from 16-12-1983.

Clause (4a) a. the present Clause was substituted by Act A566, paragraph 14(1)(b), in force from

16-12-1983. the earlier Clause was inserted by Act A514, paragraph 8(d), in force from 15-05-1981 and read as follows:

“(4a) the disqualification in paragraph (b) of Clause (4) shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.”.

b. See election Commission Act 1957 [Act 31].

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may by law provide for the terms of office of members of the election Commission other than their remuneration.

(6) the remuneration and other terms of office of a member of the election Commission shall not be altered to his disadvantage after his appointment.

(7) where, during any period, the chairman of the election Commission has been granted leave of absence by the yang di-pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions, the deputy chairman shall discharge the functions of the chairman during that period, and if the deputy chairman is also absent or unable to discharge such functions, a member of the election Commission may be appointed by the yang di-pertuan Agong to discharge the functions of the chairman during that period.

Assistance to Election Commission

115. (1) the election Commission may employ such number of persons, on such terms and subject to such conditions, as the Commission may with the approval of the yang di-pertuan Agong determine.

(2) All public authorities shall on the request of the Commission give the Commission such assistance in the discharge of its duties as may be practicable; and in exercising its functions of making recommendations for the delimitation of constituencies for the elections mentioned in Clause (1) of Article 113 the Commission shall seek the advice of two officers of the Federal Government with special knowledge of the topography of, and the distribution of the population in, the unit of review for federal elections, and those officers shall be selected for that purpose by the yang di- pertuan Agong.

Federal constituencies

116. (1) For the election of members to the house of Representatives a unit of review shall be divided into constituencies in accordance with the provisions contained in the thirteenth Schedule.

(2) the total number of constituencies shall be equal to the number of members, so that one member shall be elected for

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NOTES Art. 114—(cont.)

Clause (5): See election Commission Act 1957 [Act 31].

Clause (5a) a. Added by Act 14/1962, subsection 21(1), in force from 21-06-1962. b. See election Commission Act 1957 [Act 31].

Clause (7) a. Added by Act A354, section 25, in force from 27-08-1976. b. the words “the deputy chairman shall discharge the functions of the chairman during

that period, and if the deputy chairman is also absent or unable to discharge such functions,” were inserted by Act A514, paragraph 8(e), in force from 15-05-1981.

Note:

the amendments made to Article 114 by Act A566 shall apply only to a person who is appointed a member of the election Commission on or after 16-12-1983.

Art. 115

Clause (2) a. the words “making recommendations for the delimitation of constituencies” substituted for

“delimiting constituencies” by Act 14/1962, section 32, in force from 21-06-1962. b. the words “unit of review for federal elections, and those officers” substituted for

“Federation, who” by Act 26/1963, section 70, in force from 16-09-1963.

Art. 116

See eighth Schedule subsection 4(2) & thirteenth Schedule, section 2.

Clause (1) a. the words “provisions contained in the thirteenth Schedule” substituted for

“following provisions of this Article“ by Act 14/1962, paragraph 22(a), in force from 21-06-1962.

b. the words “a unit of review” substituted for “the Federation” by Act 26/1963, section 70, in force 16-09-1963.

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each constituency, and of that total in the States of Malaya a number determined in accordance with the provisions contained in Article 46 and the thirteenth Schedule shall be allocated to each State.

(3) (Repealed).

(4) (Repealed).

(5) (Repealed).

State constituencies

117. For the election of members to the Legislative Assembly of a State the State shall be divided into as many constituencies as there are elected members, so that one member shall be elected for each constituency; and the division shall be made in accordance with the provisions contained in the thirteenth Schedule.

Method of challenging election

118. no election to the house of Representatives or to the Legislative Assembly of a State shall be called in question except by an election petition presented to the high Court having jurisdiction where the election was held.

Method of questioning election petition of no return

118A. A petition complaining of no return to the house of Representatives or the Legislative Assembly shall be deemed to be an election petition and the high Court may make such order thereon as it may think fit for compelling a return to be made, but the failure to make a return within any period specified by Article 54 or 55 or by the corresponding provision of the Constitution of any State, as the case may be, shall not be a ground for declaring that a member has not been duly elected.

Qualifications of electors

119. (1) every citizen who—

(a) has attained the age of twenty-one years on the qualifying date;

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NOTES

Art. 116—(cont.)

Clause (2) a. the words “the provisions contained in the thirteenth Schedule” substituted for

“Clause (3)” by Act 14/1962, paragraph 22(b), in force from 21-06-1962. b. the words “in the States of Malaya” were inserted by Act 26/1963, section 70, in

force from 16-09-1963. c. the words “Article 46 and the thirteenth Schedule” substituted for “the thirteenth

Schedule” by Act A206, section 14, in force from 23-08-1973.

Clauses (3), (4) & (5) these Clauses were repealed by Act 14/1962, paragraph 22(c), in force from 21-06-1962 and read as follows:

“(3) Constituencies shall be allocated to the several States in such manner that the electoral quota of each State is as nearly equal to the electoral quota of the Federation as it can be without causing undue disparity between the population quota of that State and the population quota of the Federation.

(4) each State shall be divided into constituencies in such manner that each constituency contains a number of electors as nearly equal to the electoral quota of the State as may be after making due allowance for the distribution of the different communities and for differences in density of population and the means of communication; but the allowance so made shall not increase or reduce the number of electors in any constituency to a number differing from the electoral quota by more than fifteen per cent.

(5) in this Article— (a) “electoral quota” means the number obtained by dividing the number of electors

in the Federation or a State by the total number of constituencies or, as the case may be, the number of constituencies in that State;

(b) “population quota” means the number obtained by dividing the population of the Federation or of a State by the total number of constituencies or, as the case may be, the number of constituencies in that State;

and for the purposes of this Article the number of electors shall be taken to be as shown on the current electoral rolls and the population as counted at the most recent census.”.

Art. 117

1. the words “in accordance with the provisions contained in the thirteenth Schedule” substituted for “in the manner provided by Clause (4) of Article 116” by Act 14/1962, section 32, in force from 21-06-1962.

2. See thirteenth Schedule, section 2.

Art. 118

1. the words “the house of Representatives” substituted for “either house of parliament” by Act 25/1963, subsection 3(2), in force from 29-08-1963. 2. the words “the high Court having jurisdiction where the election was held” substituted for a “judge of the Supreme Court” by Act 26/1963, section 70, in force from 16-09-1963. 3. See Art. 120(c).

Art. 118A

1. Added by Act 31/1965, subsection 2(2), in force from 01-07-1965.

2. See Art. 120(c).

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(b) is resident in a constituency on such qualifying date or, if not so resident, is an absent voter; and

(c) is, under the provisions of any law relating to elections, registered in the electoral roll as an elector in the constituency in which he resides on the qualifying date,

is entitled to vote in that constituency in any election to the house of Representatives or the Legislative Assembly unless he is disqualified under Clause (3) or under any law relating to offences committed in connection with elections; but no person shall in the same election vote in more than one constituency.

(2) if a person is in a constituency by reason only of being a patient in an establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or of being detained in custody he shall for the purposes of Clause (1) be deemed not to be resident in that constituency.

(3) A person is disqualified for being an elector in any election to the house of Representatives or the Legislative Assembly if—

(a) on the qualifying date he is detained as a person of unsound mind or is serving a sentence of imprisonment; or

(b) having before the qualifying date been convicted in any part of the Commonwealth of an offence and sentenced to death or imprisonment for a term exceeding twelve months, he remains liable on the qualifying date to suffer any punishment for that offence.

(4) in this Article—

(a) “absent voter” means, in relation to any constituency, any citizen who is registered as an absent voter in respect of that constituency;

(b) “qualifying date” means the date on which a person applies for registration as an elector in a constituency, or the date on which he applies for the change of his registration as an elector in a different constituency,

in accordance with the provisions of any law relating to elections.

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NOTES

Art. 118A—(cont.)

3. the words “or the Legislative Assembly” were inserted by Act A704, paragraph 7(a), in force from 10-06-1988.

4. the words “or by the corresponding provision of the Constitution of any State, as the case may be,” were inserted by Act A704, paragraph 7(b), in force from 10-06-1988.

Art. 119

Clause (1) a. this Clause was substituted by Act 10/1960, paragraph 14(a), in force from

31-05-1960, and replaced the original Clause which read as follows: “(1) every citizen who has attained the age of twenty-one years on the qualifying date

and has been resident in a constituency for at least six months immediately preceding the qualifying date is entitled to vote in that constituency in any election to the house of Representatives or the Legislative Assembly unless he is disqualified under Clause (3) or under any law relating to offences committed in connection with elections, but no person shall in the same election vote in more than one constituency.”.

b. this Clause was amended by Act A1130, section 9, in force from 28-09-2001, as follows: i. in paragraph (a), the word “and” at the end of paragraph was deleted;

ii. in paragraph (b), by substituting for the comma at the end of paragraph the word “; and”; and

iii. a new paragraph (c) was inserted as follows: “(c) is, under the provisions of any law relating to elections, registered in the

electoral roll as an elector in the constituency in which he resides on the qualifying date,”.

c. See Art. 120(c).

Clause (4) a. the words ‘and “absent voter” means in relation to any constituency any citizen who

is registered as an absent voter in respect of that constituency under the provisions of any law relating to elections’ were added by Act 10/1960, paragraph 14(b), in force from 31-05-1960.

b. Subsequently this Clause was substituted by Act A1130, paragraph 9(b), in force from 28-09-2001. the earlier Clause read as follows:

“(4) in this Article “qualifying date” means the date by reference to which the electoral rolls are prepared or revised, and “absent voter” means in relation to any constituency any citizen who is registered as an absent voter in respect of that constituency under the provisions of any law relating to elections.”.

Federal Constitution

Direct elections to the Senate

120. where in accordance with Clause (4) of Article 45 provision is made by parliament for the election of Senators by the direct vote of electors—

(a) the whole of a State shall form a single constituency and each elector shall have as many votes at any election to the Senate as there are seats to be filled in that election; and

(b) the electoral rolls for elections to the house of Representatives shall also be the electoral rolls for elections to the Senate; and

(c) Articles 118, 118a and 119 shall apply in relation to elections to the Senate as they apply in relation to elections to the house of Representatives.

Part iX

the JuDiCiARy

Judicial power of the Federation

121. (1) there shall be two high Courts of co-ordinate jurisdiction and status, namely—

(a) one in the States of Malaya, which shall be known as the high Court in Malaya and shall have its principal registry at such place in the States of Malaya as the yang di-pertuan Agong may determine; and

(b) one in the States of Sabah and Sarawak, which shall be known as the high Court in Sabah and Sarawak and shall have its principal registry at such place in the States of Sabah and Sarawak as the yang di-pertuan Agong may determine;

(c) (Repealed),

and such inferior courts as may be provided by federal law; and the high Courts and inferior courts shall have such jurisdiction and powers as may be conferred by or under federal law.

(1a) the courts referred to in Clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts.

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NOTES

Art. 120(c)

the words “Articles 118, 118a and 119” substituted for “Articles 118 and 119” by Act 31/1965, subsection 2(2), in force from 01-07-1965.

Art. 121

the present Article was inserted by Act 26/1963, section 13, in force from 16-09-1963 and replaced the original Article which read as follow:

“121. the judicial power of the Federation shall be vested in a Supreme Court and such inferior courts as may be provided by federal law.”.

Clause (1) a. Act 59/1966, section 2, in force from 09-08-1965, substituted the words “two high

Courts” for “three high Courts” and repealed paragraph (c) of Clause (1) which read as follows:

“(c) one in the State of Singapore, which shall be known as the high Court in Singapore;”.

b. the words “there shall be” substituted for “Subject to Clause (2) the judicial power of the Federation shall be vested in” by Act A704, paragraph 8(a), in force from 10- 06-1988.

c. the words “and such inferior courts as may be provided by federal law; and the high Courts and inferior courts shall have such jurisdiction and powers as may be conferred by or under federal law” substituted for “and in such inferior courts as may be provided by federal law” by Act A704, paragraph 8(b), in force from 10-06-1988.

d. the words “Sabah and Sarawak” substituted for “borneo” by Act A885, paragraph 13(a), in force from 24-06-1994.

Clause (1)(a) the words “at such place in the States of Malaya as the yang di-pertuan Agong may determine” substituted for “in Kuala Lumpur” by Act A1260, paragraph 3(a), in force from 19-01-2006.

Clause (1)(b) the words “the States of Sabah and Sarawak” substituted for “the borneo States” by Act A354, section 43, in force from 27-08-1976.

Clause (1a): Added by Act A704, paragraph 8(c), in force from 10-06-1988.

Clause (1b) a. Added by Act A885, paragraph 13(b), in force from 24-06-1994. b. the words “at such place as the yang di-pertuan Agong may determine” substituted

for “in Kuala Lumpur” by Act A1260, paragraph 3(b), in force from 10-10-2003.

Clause (2) a. the words “Mahkamah Agung (Supreme Court)” substituted for “Federal Court” by

Act A566, paragraph 15(a), in force from 01-01-1985. b. paragraph (c) was inserted by Act A566, paragraph 15(b), in force from 01-01-1985. c. the words “there shall be” substituted for “the following jurisdiction shall be vested

in” by Act A704, paragraph 8(d), in force from 10-06-1988. d. the words “and the Supreme Court shall have the following jurisdiction” were inserted

immediately after the words “Kuala Lumpur” by Act A704, paragraph 8(e), in force from 10-06-1988.

e. the words “at such place as the yang di-pertuan Agong may determine” substituted for “in Kuala Lumpur” by Act A1260, paragraph 3(b), in force from 10-10-2003.

Federal Constitution

(1b) there shall be a court which shall be known as the Mahkamah Rayuan (Court of Appeal) and shall have its principal registry at such place as the yang di-pertuan Agong may determine, and the Court of Appeal shall have the following jurisdiction, that is to say—

(a) jurisdiction to determine appeals from decisions of a high Court or a judge thereof (except decisions of a high Court given by a registrar or other officer of the Court and appealable under federal law to a judge of the Court); and

(b) such other jurisdiction as may be conferred by or under federal law.

(2) there shall be a court which shall be known as the Mahkamah persekutuan (Federal Court) and shall have its principal registry at such place as the yang di-pertuan Agong may determine, and the Federal Court shall have the following jurisdiction, that is to say—

(a) jurisdiction to determine appeals from decisions of the Court of Appeal, of the high Court or a judge thereof;

(b) such original or consultative jurisdiction as is specified in Articles 128 and 130; and

(c) such other jurisdiction as may be conferred by or under federal law.

(3) Subject to any limitations imposed by or under federal law, any order, decree, judgment or process of the courts referred to in Clause (1) or of any judge thereof shall (so far as its nature permits) have full force and effect according to its tenor throughout the Federation, and may be executed or enforced in any part of the Federation accordingly; and federal law may provide for courts in one part of the Federation or their officers to act in aid of courts in another part.

(4) in determining where the principal registry of the high Court in Sabah and Sarawak is to be, the yang di-pertuan Agong shall act on the advice of the prime Minister, who shall consult the Chief Ministers of the States of Sabah and Sarawak and the Chief Judge of the high Court.

113[artiCle 121]

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NOTES

Art. 121—(cont.)

f. the words “Mahkamah persekutuan (Federal Court)” and “Federal Court” substituted respectively for “Mahkamah Agung (Supreme Court)” and “Supreme Court” by Act A885, subparagraph 13(c)(i), in force from 24-06-1994.

g. paragraph (a) was substituted by Act A885, subparagraph 13(c)(ii), in force from 24-06-1994. the original paragraph (a) read as follows:

“(a) exclusive jurisdiction to determine appeals from decisions of a high Court or a judge thereof (except decisions of a high Court given by a registrar or other officer of the court and appealable under federal law to a judge of the Court);”.

Notes:

1. upon sections 15, 16 and 17 of Act A566 coming into force on 01-01-1985, all references in or under the Constitution or in or under any other written law to the Federal Court and judges and officers thereof shall be construed as references to the Supreme Court and judges and officers thereof respectively.

2. the high Court in borneo constituted under Clause (1)(b) of Article 121 of the Constitution shall, until such time as the yang di-pertuan Agong by order otherwise provides, have jurisdiction in the Federal territory of Labuan—See section 16 of Act A585.

Clause (4) a. the words “the States of Sabah and Sarawak” substituted for “the borneo States” by

Act A354, section 43, in force from 27-08-1976. b. the words “Sabah and Sarawak” and “Judge” substituted respectively for “borneo”

and “Justice” by Act A885, paragraph 13(d), in force from 24-06-1994. c. See—

i. Courts of Judicature Act 1964 [Act 91]; ii. Subordinate Courts Act 1948 [Act 92].

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Constitution of Federal Court

122. (1) the Federal Court shall consist of a president of the Court (to be styled “the Chief Justice of the Federal Court”), of the president of the Court of Appeal, of the Chief Judges of the high Courts and, until the yang di-pertuan Agong by order otherwise provides, of four* other judges and such additional judges as may be appointed pursuant to Clause (1a).

(1a) notwithstanding anything in this Constitution contained, the yang di-pertuan Agong acting on the advice of the Chief Justice of the Federal Court may appoint for such purposes or for such period of time as he may specify any person who has held high judicial office in Malaysia to be an additional judge of the Federal Court:

provided that no such additional judge shall be ineligible to hold office by reason of having attained the age of sixty-six years.

(2) A judge of the Court of Appeal other than the president of the Court of Appeal may sit as a judge of the Federal Court where the Chief Justice considers that the interests of justice so require, and the judge shall be nominated for the purpose (as occasion requires) by the Chief Justice.

Constitution of Court of Appeal

122A. (1) the Court of Appeal shall consist of a chairman (to be styled the “president of the Court of Appeal”) and, until the yang di-pertuan Agong by order otherwise provides, of ten** other judges.

(2) A judge of a high Court may sit as a judge of the Court of Appeal where the president of the Court of Appeal considers that the interests of justice so require, and the judge shall be nominated for the purpose (as occasion requires) by the president of the Court of Appeal after consulting the Chief Judge of that high Court.

*now “shall not exceed eleven”–see p.u. (A) 163/2009. **now “shall not exceed thirty-two”—see p.u. (A) 164/2009.

114[artiCle 122]

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NOTES

Art. 122

1. this Article was inserted by Act 26/1963, section 15, in force from 16-09-1963. the earlier Article as it stood at the date of repeal read as follows:

“122. (1) the Supreme Court shall consist of a Chief Justice and other judges; but the number of the other judges shall not exceed fifteen until parliament otherwise provides.

(2) the Chief Justice and the other judges of the Supreme Court shall be appointed by the yang di-pertuan Agong.

(3) in appointing the Chief Justice the yang di-pertuan Agong shall act on the advice of the prime Minister, after consulting the conference of Rulers, and in appointing the other judges of the Supreme Court he shall act on the advice of the prime Minister, after consulting the Conference of Rulers and considering the advice of the Chief Justice.”.

2. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.

3. in the shoulder note of Clauses (1), (1a) and (2), the word “Federal” substituted for “Supreme” by Act A885, paragraph 14(a), in force from 24-06-1994.

Clause (1) a. the words “four other judges and such additional judges as may be appointed

pursuant to Clause (2)” substituted for “two other judges” at the end of the Clause by Act 31/1965, subsection 2(2), in force from 01-07-1965.

b. the words “the yang di-pertuan Agong by order otherwise provides” substituted for “parliament otherwise provides” by Act A354, section 26, in force from 27-08-1976.

c. the words “Chief Justice of the Federal Court”, of the president of the Court of Appeal, of the Chief Judges of the high Courts” substituted respectively for “Lord president of the Supreme Court”, of the Chief Justices of the high Courts” by Act A885, subparagraph 14(b)(ii), in force from 24-06-1994.

Clause (1a) a. this Clause was added by Act 31/1965, subsection 2(2), in force from 01-07-1965. b. the words “Chief Justice of the Federal Court” substituted for “Lord president of the

Supreme Court” by Act A885, subparagraph 14(c)(i), in force from 24-06-1994. c. the words “sixty-six years” substituted for “sixty-five years” by Act A1239,

section 2, in force from 21-03-2005.

Clause (2) the words “the Court of Appeal other than the president of the Court of Appeal” and “Chief Justice” substituted respectively for “a high Court other than the Chief Justice” and “Lord president” by Act A885, subparagraphs 14(d)(i) and (iii), in force from 24-06-1994.

Art. 122A

1. Added by Act 26/1963, section 16, in force from 16-09-1963.

Clause (1) a. Act 59/1966, section 2, in force from 09-08-1965, repealed paragraph (c) which read

as follows: “(c) in the high Court in Singapore, eight.”.

b. the words “the yang di-pertuan Agong by order otherwise provides” substituted for “parliament otherwise determines” by Act A354, paragraph 27(a), in force from 27-08-1976.

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Constitution of the High Courts

122AA. (1) each of the high Courts shall consist of a Chief Judge and not less than four other judges; but the number of other judges shall not, until the yang di-pertuan Agong by order otherwise provides, exceed—

(a) in the high Court in Malaya, forty-seven*; and

(b) in the high Court in Sabah and Sarawak, ten**.

(2) Any person qualified for appointment as a judge of a high Court may sit as a judge of that Court if designated for the purpose (as occasion requires) in accordance with Article 122b.

Appointment of judicial commissioner

122Ab. (1) For the despatch of business of the high Court in Malaya and the high Court in Sabah and Sarawak, the yang di-pertuan Agong acting on the advice of the prime Minister, after consulting the Chief Justice of the Federal Court, may by order appoint to be judicial commissioner for such period or such purposes as may be specified in the order any person qualified for appointment as a judge of a high Court; and the person so appointed shall have power to perform such functions of a judge of the high Court as appear to him to require to be performed; and anything done by him when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that Court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that Court.

(2) the provisions of Clauses (2) and (5) of Article 124 shall apply to a judicial commissioner as they apply to a judge of a high Court.

Appointment of judges of Federal Court, Court of Appeal and High Courts

122b. (1) the Chief Justice of the Federal Court, the president of the Court of Appeal and the Chief Judges of the high Courts and (subject to Article 122C) the other judges of the Federal Court, of the Court of Appeal and of the high Courts shall be *now “shall not exceed sixty”—see p.u. (A) 384/2006. **now “shall not exceed thirteen”—see p.u. (A) 385/2006.

115[artiCle 122aa]

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NOTES

Art. 122A—(cont.)

Clause (3) the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

Clause (5): Added by Act A354, paragraph 27(b), in force from 27-08-1976.

Clauses (3) & (5) the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.

2. this Article was substituted by Act A885, section 15, in force from 24-06-1994 and read as follows:

“122a. (1) each of the high Courts shall consist of a Chief Justice and not less than four other judges; but the number of other judges shall not, until the yang di-pertuan Agong by order otherwise provides, exceed—

(a) in the high Court in Malaya, twelve; and (b) in the high Court in borneo, eight; (c) (Repealed).

(2) Any person qualified for appointment as a judge of a high Court may sit as a judge of that court, if designated for the purpose (as occasion requires) in accordance with Article 122b.

(3) For the despatch of business of the high Court in borneo in an area in which a judge of the Court is not for the time being available to attend to business of the court, the yang di-pertuan Agong acting on the advice of the Lord president of the Supreme Court, or for an area in either State the yang di-pertua negeri of the State acting on the advice of the Chief Justice of the court, may by order appoint to be judicial commissioner in that area for such period or for such purposes as may be specified in the order an advocate or person professionally qualified to be admitted an advocate of the court.

(4) Subject to any limitations or conditions imposed by the order appointing him, a judicial commissioner shall have power, in the area for which he is appointed, to perform such functions of a judge of the high Court in borneo as appear to him to require to be performed without delay; and anything done by a judicial commissioner when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that court.

(5) For the despatch of business of the high Court in Malaya, the yang di-pertuan Agong acting on the advice of the Lord president of the Supreme Court, may by order appoint to be judicial commissioner for such period or such purposes as may be specified in the order any person qualified for appointment as a judge of a high Court; and the person so appointed shall have power to perform such functions of a judge of the high Court in Malaya as appear to him to require to be performed; and anything done by him when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that court.”.

Art. 122AA & 122Ab

Added by Act A885, section 16, in force from 24-06-1994.

Art. 122b

1. Added by Act 26/1963, section 17, in force from 16-09-1963.

2. in the shoulder note, the words “Federal Court, Court of Appeal and” substituted for “Supreme Court and of” by Act A885, paragraph 17(a), in force from 24-06-1994.

3. Act 59/1966, section 2, in force from 09-08-1965, amended— a. Clause (3), by deleting the words “or in Singapore” which appeared after “high Court

in borneo” and the words “or of Singapore as the case may be” which appeared at the end of the Clause.

Federal Constitution

appointed by the yang di-pertuan Agong, acting on the advice of the prime Minister, after consulting the Conference of Rulers.

(2) before tendering his advice as to the appointment under Clause (1) of a judge other than the Chief Justice of the Federal Court, the prime Minister shall consult the Chief Justice.

(3) before tendering his advice as to the appointment under Clause (1) of the Chief Judge of a high Court, the prime Minister shall consult the Chief Judge of each of the high Courts and, if the appointment is to the high Court in Sabah and Sarawak, the Chief Minister of each of the States of Sabah and Sarawak.

(4) before tendering his advice as to the appointment under Clause (1) of a judge other than the Chief Justice, president or a Chief Judge, the prime Minister shall consult, if the appointment is to the Federal Court, the Chief Justice of the Federal Court, if the appointment is to the Court of Appeal, the president of the Court of Appeal and, if the appointment is to one of the high Courts, the Chief Judge of that Court.

(5) this Article shall apply to the designation of a person to sit as judge of a high Court under Clause (2) of Article 122aa as it applies to the appointment of a judge of that court other than the Chief Judge.

(6) notwithstanding the dates of their respective appointments as judges of the Federal Court, of the Court of Appeal or of the high Courts, the yang di-pertuan Agong, acting on the advice of the prime Minister given after consulting the Chief Justice, may determine the order of precedence of the judges among themselves.

Transfer of judge of one High Court to another

122C. Article 122b shall not apply to the transfer to a high Court, otherwise than as Chief Judge, of a judge of another high Court other than the Chief Judge; and such a transfer may be made by the yang di-pertuan Agong, on the recommendation of the Chief Justice of the Federal Court, after consulting the Chief Judges of the two high Courts.

Qualifications of judges of Federal Court, Court of Appeal and High Courts

123. A person is qualified for appointment under Article 122b as

116[artiCle 122b]

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NOTES

Art. 122b—(cont.)

b. Clause (4), by substituting the words “the Chief Justice of each of the high Courts” for “Chief Justices of all the high Courts”.

Clause (2) the words “Chief Justice” and “Federal” substituted respectively for “Lord president” and “Supreme” by Act A885, paragraph 17(c), in force from 24-06-1994.

Clause (3) a. the words “the States of Sabah and Sarawak” substituted for “the borneo States” by

Act A354, section 43, in force from 27-08-1976. b. the words “Judge” and “Sabah and Sarawak” substituted respectively for “Justice”

and “borneo” by Act A885, paragraph 17(d), in force from 24-06-1994.

4. See Articles 122a(2), 122C & 123.

5. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.

Clauses (1) & (4) Substituted by Act A885, paragraphs 17(b) and (e), in force from 24-06-1994. the original Clauses read as follows:

“(1) the Lord president of the Supreme Court, the Chief Justices of the high Courts and (subject to Article 122C) the other judges of the Supreme Court and of the high Courts shall be appointed by the yang di-pertuan Agong, acting on the advice of the prime Minister, after consulting the Conference of Rulers.

(4) before tendering his advice as to the appointment under Clause (1) of a judge other than the Lord president or a Chief Justice, the prime Minister shall consult, if the appointment is to the Supreme Court, the Chief Justice of each of the high Courts and, if the appointment is to one of the high Courts, the Chief Justice of that court.”.

Clause (5) the words “Article 122aa(2)” and “Judge” substituted respectively for “Article 122a(2)” and “Justice” by Act A885, paragraph 17(f), in force from 24-06-1994.

Clause (6) a. inserted by Act A566, subsection 16(2), in force from 01-01-1985. b. the words “Federal Court, of the Court of Appeal” and “Chief Justice” substituted

respectively for “Supreme Court” and “Lord president” by Act A885, paragraph 17(g), in force from 24-06-1994.

Art. 122C

1. Added by Act 26/1963, section 18, in force from 16-09-1963.

2. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.

3. the words “Judge”, “Chief Justice of the Federal Court” and “Judges” substituted respectively for “Justice”, “Lord president of the Supreme Court” and “Justices” by Act A885, section 18, in force from 24-06-1994.

Federal Constitution

a judge of the Federal Court, as a judge of the Court of Appeal or as a judge of any of the high Courts if—

(a) he is a citizen; and

(b) for the ten years preceding his appointment he has been an advocate of those courts or any of them or a member of the judicial and legal service of the Federation or of the legal service of a State, or sometimes one and sometimes another.

Oath of office of judges

124. (1) the Chief Justice of the Federal Court shall before exercising the functions of his office take and subscribe the oath of office and allegiance set out in the Sixth Schedule, and shall do so in the presence of the yang di-pertuan Agong.

(2) A judge of the Federal Court, the Court of Appeal or a high Court, other than the Chief Justice of the Federal Court, shall before exercising the functions of a judge take and subscribe the oath of office and allegiance set out in the Sixth Schedule in relation to his judicial duties in whatever office.

(2a) A person taking the oath on becoming the president of the Court of Appeal shall do so in the presence of the senior judge available of the Court of Appeal.

(3) A person taking the oath on becoming Chief Judge of a high Court shall do so in the presence of the senior judge available of that high Court.

(4) A person taking the oath on becoming a judge of the Federal Court shall do so in the presence of the Chief Justice or, in his absence, the next senior judge available of the Federal Court.

(4a) A person taking the oath on becoming a judge of the Court of Appeal shall do so in the presence of the president of the Court of Appeal or, in his absence, the next senior judge available of the Court of Appeal.

(5) A person taking the oath on becoming a judge of a high Court (but not Chief Judge) shall do so in the presence of the Chief Judge of that Court or, in his absence, the next senior judge available of that Court.

117[artiCle 123]

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NOTES Art. 123

1. the present Article was inserted by Act 26/1963, section 19, in force from 16-09-1963, and replaced the earlier Article which read as follows:

“123. A person is qualified for appointment as a judge of the Supreme Court if— (a) he is a citizen; and (b) he has been an advocate of the Supreme Court or a member of the judicial and

legal service of the Federation for a period of not less than ten years, or has been the one for part and the other for the remainder of that period.”.

2. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985. 3. the words “Federal Court, Court of Appeal and” and “Federal Court, as a judge of the Court of Appeal” substituted respectively for “Supreme Court and of” and “Supreme Court” by Act A885, section 19, in force from 24-06-1994.

Art. 124 1. the present Article was inserted by Act 26/1963, section 20, in force from 16-09-1963, and replaced the earlier Article which read as follows:

“124. the Chief Justice and any other judge of the Supreme Court shall before exercising the functions of his office take and subscribe the oath of office and allegiance set out in the Sixth Schedule—

(a) the Chief Justice in the presence of the yang di-pertuan Agong, and (b) any other judge in the presence of the Chief Justice or, in his absence, the next

senior judge of the Supreme Court available.”. 2. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985. Clause (1) the words “Chief Justice of the Federal Court” substituted for “Lord president of the Supreme Court” by Act A885, paragraph 20(a), in force from 24-06-1994. Clause (2) Substituted by Act A885, paragraph 20(b), in force from 24-06-1994. the original Clause read as follows:

“(2) A judge of the Supreme Court or a high Court, other than the Lord president of the Supreme Court, shall before exercising the functions of a judge take and subscribe that oath in relation to his judicial duties in whatever office, and, having done so, shall not be required to take that oath again on appointment or transfer to another judicial office, not being that of Lord president.”.

Clause (2a): inserted by Act A1260, paragraph 4(a), in force from 19-01-2006. Clause (3) the word “Judge” substituted for “Justice” and the words “, unless he takes it in accordance with Clause (4) as a judge of the Supreme Court” were deleted by Act A885, paragraph 20(c), in force from 24-06-1994. Clause (4)

a. the words “Federal” and “Chief Justice” substituted respectively for “Supreme” and “Lord president” by Act A885, paragraph 20(d), in force form 24-06-1994.

b. the words “A person” substituted for “Subject to Clause (3), a person” by Act A1260, paragraph 4(b), in force from 19-01-2006.

Clause (4a): inserted by Act A1260, paragraph 4(c), in force from 19-01-2006. Clause (5)

a. the words “the Court of Appeal or” were inserted after the words “a judge of” and the word “Judge” substituted for “Justice”, by Act A885, paragraph 20(e), in force from 24-06-1994.

b. Subsequently, the words “the Court of Appeal or” were deleted by Act A1260, paragraph 4(d), in force from 19-01-2006.

Federal Constitution

Tenure of office and remuneration of judges of Federal Court

125. (1) Subject to the provisions of Clauses (2) to (5), a judge of the Federal Court shall hold office until he attains the age of sixty- six years or such later time, not being later than six months after he attains that age, as the yang di-pertuan Agong may approve.

(2) A judge of the Federal Court may at any time resign his office by writing under his hand addressed to the yang di-pertuan Agong but shall not be removed from office except in accordance with the following provisions of this Article.

(3) if the prime Minister, or the Chief Justice after consulting the prime Minister, represents to the yang di-pertuan Agong that a judge of the Federal Court ought to be removed on the ground of any breach of any provision of the code of ethics prescribed under Clause (3b) or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the yang di-pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.

(3a) where a judge has committed a breach of any provisions of the code of ethics prescribed under Clause (3b) but the Chief Justice is of the opinion that the breach does not warrant the judge being referred to a tribunal appointed under Clause (4), the Chief Justice may refer the judge to a body constituted under federal law to deal with such breach.

(3b) the yang di-pertuan Agong on the recommendation of the Chief Justice, the president of the Court of Appeal and the Chief Judges of the high Courts may, after consulting the prime Minister, prescribe in writing a code of ethics which shall also include provisions on the procedure to be followed and sanctions which can be imposed other than the removal of a judge from office under Clause (3), in relation to a breach of any provision of the code of ethics.

(3C) the code of ethics prescribed under Clause (3b) shall be observed by every judge of the Federal Court and every judicial commissioner.

118[artiCle 125]

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NOTES Art. 125

Clause (1) a. Act 14/1962, section 32, in force from 21-06-1962, substituted the words “the provisions

of Clauses (2) to (5)” for “the following provisions of this Article”. b. Act 26/1963, paragraph 22(2)(a), in force from 16-09-1963, substituted the words

“Federal Court” for “Supreme Court”. c. Subsequently, the word “Supreme” substituted for “Federal” by Act A566, subsection

16(1), in force from 01-01-1985. d. the word “Federal” substituted for “Supreme” by Act A885, paragraph 21(a), in force

from 24-06-1994. e. the words “sixty-six years” substituted for “sixty-five years” by Act A1239, section 3,

in force from 21-03-2005. Clause (2)

a. the words “Federal Court” substituted for “Supreme Court” by Act 26/1963, paragraph 22(2)(a), in force from 16-09-1963.

b. Subsequently, the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.

c. the word “Federal” substituted for “Supreme” by Act A885, paragraph 21(a), in force from 24-06-1994.

Clause (3) a. the words “Lord president” and “Federal Court” substituted for “Chief Justice” and

“Supreme Court” respectively by Act 26/1963, paragraph 22(2)(a), in force from 16-09-1963. Subsequently, the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.

b. See Art. 65(3). c. the words “Chief Justice” and “Federal” substituted respectively for “Lord president”

and “Supreme” by Act A885, subparagraph 21(b)(i), in force from 24-06-1994. d. the words “any breach of any provision of the code of ethics prescribed under

Clause (3a) or on the ground” substituted for “misbehavior or” by Act A885, subparagraph 21(b)(ii), in force from 24-06-1994.

e. the words “Clause (3b)” substituted for “Clause (3a)” by Act A1260, paragraph 5(a), in force from 19-01-2006.

Clause (3a) a. inserted by Act A885, paragraph 21(c), in force from 24-06-1994. b. Substituted by Act A1260, paragraph 5(b), in force from 19-01-2006. the original Clause

read as follows: “(3a) the yang di-pertuan Agong on the recommendation of the Chief Justice, the

president of the Court of Appeal and the Chief Judges of the high Courts, may, after consulting the prime Minister, prescribe in writing a code of ethics which shall be observed by every jugde of the Federal Court.”.

Clauses (3b) & (3c): inserted by Act A1260, paragraph 5(c), in force from 19-01-2006. Clause (4)

a. the words “appointed on the recommendation of the Judicial and Legal Service Commission, being persons” which appeared after “not less than five persons” were deleted and the words “yang di-pertuan Agong expedient to make such appointment” substituted for “Commission expedient so to recommend” by Act 10/1960, paragraphs 16(a) and (b), in force from 31-05-1960.

b. the words “and shall be presided over by the member first in the following order, namely, the Lord president of the Federal Court, the Chief Justices according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of two members with appointments of the same date)” at the end substituted for “and shall be presided over by the Chief Justice, if he is a member, and, in any other case, by the person first appointed to the said office” by Act 26/1963, paragraph 22(2)(b), in force from 16-09-1963, which also inserted the words “of the Federal Court or a high Court or have before Malaysia Day held office as judge” which appear after the words “or have held office as judge”.

Federal Constitution

(4) the tribunal appointed under Clause (3) shall consist of not less than five persons who hold or have held office as judge of the Federal Court, the Court of Appeal or a high Court, or, if it appears to the yang di-pertuan Agong expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Commonwealth, and shall be presided over by the member first in the following order, namely, the Chief Justice of the Federal Court, the president and the Chief Judges according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of two members with appointments of the same date).

(5) pending any reference and report under Clause (3) the yang di-pertuan Agong may on the recommendation of the prime Minister and, in the case of any other judge after consulting the Chief Justice, suspend a judge of the Federal Court from the exercise of his functions.

(6) parliament shall by law provide for the remuneration of the judges of the Federal Court, and the remuneration so provided shall be charged on the Consolidated Fund.

(6a) Subject to the provisions of this Article, parliament may by law provide for the terms of office of the judges of the Federal Court other than their remuneration.

(7) the remuneration and other terms of office (including pension rights) of a judge of the Federal Court shall not be altered to his disadvantage after his appointment.

(8) notwithstanding Clause (1), the validity of anything done by a judge of the Federal Court shall not be questioned on the ground that he had attained the age at which he was required to retire.

(9) this Article shall apply to a judge of the Court of Appeal and to a judge of a high Court as it applies to a judge of the Federal Court, except that the yang di-pertuan Agong before suspending under Clause (5) a judge of the Court of Appeal or a judge of a high Court other than the president of the Court of Appeal or the Chief Judge of a high Court shall consult the president of the Court of Appeal or the Chief Judge of that high Court instead of the Chief Justice of the Federal Court.

119[artiCle 125]

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NOTES

Art. 125—(cont.)

c. the words “, or have before Malaysia Day held office as judge of the Supreme Court” were deleted by Act A566, subsection 16(3), in force from 01-01-1985.

d. the words “Federal Court, the Court of Appeal” substituted for “Supreme Court” by Act A885, subparagraph 22(d)(i), in force from 24-06-1994.

e. the words “Chief Justice of the Federal Court, the president and the Chief Judges” substituted for “Lord president of the Supreme Court, the Chief Justices” by Act A885, subparagraph 21(d)(ii), in force from 24-06-1994.

f. the words “the tribunal appointed under Clause (3)” substituted for “the said tribunal” by Act A1260, paragraph 5(d), in force from 19-01-2006.

Clause (5) a. the words “prime Minister, or the prime Minister after consulting the Chief

Justice,” substituted for “Judicial and Legal Service Commission” by Act 10/1960, paragraph 16(c), in force from 31-05-1960.

b. Act 26/1963, paragraph 22(2)(a), in force from 16-09-1963, substituted the words “Lord president” and “Federal Court” for “Chief Justice” and “Supreme Court” respectively and by paragraph 22(2)(c) substituted the words “and, in the case of any other judge” for “or the prime Minister”.

c. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.

d. the words “Chief Justice” substituted for “Lord president” by Act A885, paragraph 21(e), in force from 24-6-1994.

Clause (6) a. the words “Federal Court” substituted for “Supreme Court” by Act 26/1963,

paragraph 22(2)(a), in force from 16-09-1963. b. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force

from 01-01-1985. c. See Judges’ Remuneration Act 1971 [Act 45].

Clause (6a) a. Added by Act 14/1962, section 23, in force from 21-06-1962. b. the words “Federal Court” substituted for “Supreme Court” by Act 26/1963,

paragraph 22(2)(a), in force from 16-09-1963. c. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force

from 01-01-1985. Clauses (7) & (8)

a. the words “Federal Court” substituted for “Supreme Court” by Act 26/1963, paragraph 22(2)(a), in force from 16-09-1963.

b. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.

Clause (9) a. Added by Act 26/1963, subsection 22(3), in force from 16-09-1963. b. Substituted by Act A885, paragraph 21(g), in force from 24-06-1994. the original Clause

read as follows: “(9) this Article shall apply to a judge of a high Court as it applies to a judge of

the Supreme Court, except that the yang di-pertuan Agong before suspending under Clause (5) a judge of a high Court other than the Chief Justice shall consult the Chief Justice of that Court instead of the Lord president of the Supreme Court.”.

Clause (10) a. Added by Act 59/1966, section 2, in force from 19-09-1966, and deleted by

Act A31, section 4, in force from 19-09-1966. the Clause read as follows: “(10) A judge of the high Court who is appointed to be a judge of the Federal Court shall cease to be a judge of the said high Court:

Federal Constitution

(10) the president of the Court of Appeal and the Chief Judges of the high Courts shall be responsible to the Chief Justice of the Federal Court.

Exercise of powers by judges

125A. (1) notwithstanding anything contained in this Constitution, it is hereby declared that—

(a) the Chief Justice of the Federal Court and a judge of the Federal Court may exercise all or any of the powers of a judge of the Court of Appeal and of a judge of a high Court;

(aa) the president of the Court of Appeal and a judge of the Court of Appeal may exercise all or any of the powers of a judge of a high Court; and

(b) a judge of the high Court in Malaya may exercise all or any of the powers of a judge of the high Court in Sabah and Sarawak, and vice versa.

(2) the provisions of this Article shall be deemed to have been an integral part of this Constitution as from Malaysia Day.

Power to punish for contempt

126. the Federal Court, the Court of Appeal or a high Court shall have power to punish any contempt of itself.

Restriction on Parliamentary discussion of conduct of judge

127. the conduct of a judge of the Federal Court, the Court of Appeal or a high Court shall not be discussed in either house of parliament except on a substantive motion of which notice has been given by not less than one quarter of the total number of members of that house, and shall not be discussed in the Legislative Assembly of any State.

120[artiCle 125]

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NOTES

Art. 125—(cont.)

provided that any such judge of a high Court who is so appointed shall continue to be a judge of such high Court for the purpose only of giving judgment in any case tried by him prior to his appointment as a judge of the Federal Court.”.

b. inserted by Act A885, paragraph 21(h), in force from 24-06-1994. Clauses (1), (2), (3), (4), (5), (6), (6a), (7) & (8) the word “Federal” substituted for “Supreme” by Act A885, section 21, in force from 24-06-1994.

Art. 125A

1. the present Article was inserted by Act A354, section 28, in force from 16-09-1963. 2. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985. 3. the words “exercise of powers by judges” substituted for the shoulder note by Act A885, paragraph 22(a), in force from 24-06-1994. 4. paragraph (a) of Clause (1) was substituted by Act A885, subparagraph 22(b)(i), in force from 24-06-1994. the original paragraph (a) read as follows:

“(a) the Lord president of the Supreme Court and a judge of the Supreme Court may exercise all or any of the powers of a judge of a high Court; and”.

5. paragraph (aa) of Clause (1) was added by Act A885, subparagraph 22(b)(ii), in force from 24-06-1994. 6. in paragraph (b) of Clause (1), the words “Sabah and Sarawak” substituted for “borneo” by Act A885, subparagraph 22(b)(iii), in force from 24-06-1994.

Art. 126

1. the words “Federal Court or a high Court” substituted for “Supreme Court” by Act 26/1963, subsection 22(4), in force from 16-09-1963. 2. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985. 3. the words “power to punish for contempt” substituted for the shoulder note and the words “Federal Court, the Court of Appeal” substituted for “Supreme Court” by Act A885, section 23, in force from 24-06-1994.

Art. 127 1. the words “Federal Court or a high Court” substituted for “Supreme Court” by Act 26/1963, subsection 22(4), in force from 16-09-1963. 2. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985. 3. the words “Federal Court, the Court of Appeal” substituted for “Supreme Court” by Act A885, section 24, in force from 24-06-1994.

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Jurisdiction of Federal Court

128. (1) the Federal Court shall, to the exclusion of any other court, have jurisdiction to determine in accordance with any rules of court regulating the exercise of such jurisdiction—

(a) any question whether a law made by parliament or by the Legislature of a State is invalid on the ground that it makes provision with respect to a matter with respect to which parliament or, as the case may be, the Legislature of the State has no power to make laws; and

(b) disputes on any other question between States or between the Federation and any State.

(2) without prejudice to any appellate jurisdiction of the Federal Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Federal Court shall have jurisdiction (subject to any rules of court regulating the exercise of that jurisdiction) to determine the question and remit the case to the other court to be disposed of in accordance with the determination.

(3) the jurisdiction of the Federal Court to determine appeals from the Court of Appeal, a high Court or a judge thereof shall be such as may be provided by federal law.

129. (Repealed).

Advisory jurisdiction of Federal Court

130. the yang di-pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.

131. (Repealed).

Provision for incapacity, etc., of Chief Justice, President or Chief Judge

131A. (1) Any provision made by federal law for the functions of the Chief Justice of the Federal Court or the president of

121[artiCle 128]

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NOTES

Art. 128

1. the present Article was substituted by Act 26/1963, section 14, in force from 16-09-1963, and replaced the earlier Article which read as follows:

“128. (1) the Supreme Court shall have such original, appellate and revisional jurisdiction as may be provided by federal law.

(2) the Supreme Court shall, to the exclusion of any other court, have jurisdiction in any dispute between States or between the Federation and any State.”.

2. See Art. 121(2)(b).

Clause (1) the words “in accordance with any rules of court regulating the exercise of such jurisdiction” were inserted after “determine” by Act A354, section 29, in force from 27-08-1976.

Clause (2): See Art. 161(4) & 161b(2)

3. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.

Clauses (1) & (2) the word “Federal” substituted for “Supreme” by Act A885, paragraph 25(a), in force from 24-06-1994.

Clause (3) Substituted by Act A885, paragraph 25(b), in force from 24-06-1994. the original Clause read as follows:

“(3) the jurisdiction of the Supreme Court to determine appeals from a high Court or a judge thereof shall be such as may be provided by federal law.”.

Art. 129

this Article was repealed by Act 26/1963, section 14, in force from 16-09-1963. it read as follows:

“129. without prejudice to any appellate or revisional jurisdiction of the Supreme Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Supreme Court may, on the application of either party to the proceedings, determine that question and either dispose of the case or remit it to the other court to be disposed of in accordance with the determination.”.

Art. 130

1. the words “Federal Court” substituted for “Supreme Court” by Act 26/1963, subsection 22(5), in force from 16-09-1963.

2. Subsequently the word “Supreme” subst i tuted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.

3. See Art. 121(2)(b).

4. the word “Federal” substituted for “Supreme” by Act A885, section 26, in force from 24-06-1994.

Art. 131

Clause (1) a. Act 25/1963, section 8, in force from 29-08-1963, deleted the words “or by

Clause (2)” which appeared after the words “allowed by federal law”. b. Act 26/1963, subsection 22(6), in force from 16-09-1963, substituted “Federal Court”

for “Supreme Court”.

Federal Constitution

the Court of Appeal or the Chief Judge of a high Court to be performed, in the event of a vacancy in the office or of his inability to act, by a judge of the Federal Court may extend to his functions under this Constitution.

(2) Any provision made by federal law for the functions of the president of the Court of Appeal or the Chief Judge of a high Court to be performed, in the event of a vacancy in the office or of his inability to act, by another judge of the Court of Appeal or the high Court, as the case may be, may extend to his functions under this Constitution other than functions as judge of the Federal Court.

Part X

pubLiC SeRviCeS

Public services

132. (1) For the purposes of this Constitution, the public services are—

(a) the armed forces;

(b) the judicial and legal service;

(c) the general public service of the Federation;

(d) the police force;

(e) (Repealed);

(f) the joint public services mentioned in Article 133;

(g) the public service of each State; and

(h) the education service.

(2) except as otherwise expressly provided by this Constitution, the qualifications for appointment and conditions of service of persons in the public services other than those mentioned in paragraph (g) of Clause (1) may be regulated by federal law and, subject to the provisions of any such law, by the yang di-pertuan Agong; and the qualifications for appointment and conditions of service of persons in the public service of any State may be regulated by State law and, subject to the provisions of any such law, by the Ruler or yang di-pertua negeri of that State.

(2a) except as expressly provided by this Constitution, every

122[artiCle 131a]

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NOTES

Art. 131—(cont.)

Clause (2) this Clause was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“(2) until parliament otherwise provides, an appeal is allowed under this Article in the following cases, that is to say:

(a) in the case of any decision from which an appeal from the Supreme Court of the Federation would have been entertained by her Majesty in Council (with or without special leave) immediately before Merdeka Day; and

(b) in the case of any decision as to the effect of any provision of this Constitution, including any opinion pronounced on a reference under Article 130.”.

Clauses (1), (3) & (4) Subsequently, these Clauses (1), (3) and (4) were repealed by Act A566, section 17, in force from 01-01-1985. the Clauses read as follows:

“(1) the yang di-pertuan Agong may make arrangements with her Majesty for the reference to the Judicial Committee of her Majesty’s privy Council of appeals from the Federal Court; and, subject to the provisions of this Article, an appeal shall lie from that Court to the yang di-pertuan Agong in any case in which such an appeal is allowed by federal law, and in respect of which provision for reference to the said Committee is made by or under the enactments regulating the proceedings of the said Committee.

(3) Any appeal under this Article shall be subject to such conditions as to leave or otherwise as may be prescribed by federal law or by or under the enactments regulating the proceedings of the Judicial Committee of her Majesty’s privy Council.

(4) on receiving from her Majesty’s Government in the united Kingdom the report or recommendation of the said Committee in respect of an appeal under this Article, the yang di-pertuan Agong shall make such order as may be necessary to give effect thereto.”.

See— i. G.n. 1254/1958; ii. L.n. 30/1964; and iii. Courts of Judicature Act [Act 91], sections 74 to 79.

Art. 131A

1. Added by Act 26/1963, section 21, in force from 16-09-1963.

2. the word “Supreme” substituted for “Federal” by Act A566, subsection 16(1), in force from 01-01-1985.

3. in the shoulder note, the words “Chief Justice, president or Chief Judge” substituted for “Lord president or Chief Justice” by Act A885, paragraph 27(a), in force from 24-06-1994.

Clause (1) the words “Chief Justice of the Federal Court or the president of the Court of Appeal or the Chief Judge of a high Court”, “a” and “Federal” substituted respectively for the words “Lords president of the Supreme Court”, “another” and “Supreme” by Act A885, paragraph 27(b), in force from 24-06-1994.

Clause (2) the words “president of the Court of Appeal or the Chief Judge”, “the Court of Appeal or the high Court, as the case may be” and “Federal” substituted respectively for “Chief Justice”, “that Court” and “Supreme” by Act A885, paragraph 27(c), in force from 24-06-1994.

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person who is a member of any of the services mentioned in paragraphs (a), (b), (c), (d), (f) and (h) of Clause (1) holds office during the pleasure of the yang di-pertuan Agong, and, except as expressly provided by the Constitution of the State, every person who is a member of the public service of a State holds office during the pleasure of the Ruler or yang di-pertua negeri.

(3) the public service shall not be taken to comprise—

(a) the office of any member of the administration in the Federation or a State; or

(b) the office of president, Speaker, Deputy president, Deputy Speaker or member of either house of parliament or of the Legislative Assembly of a State; or

(c) the office of judge of the Federal Court, the Court of Appeal or a high Court; or

(d) the office of member of any Commission or Council established by this Constitution or any corresponding Commission or Council established by the Constitution of a State; or

(e) such diplomatic posts as the yang di-pertuan Agong may by order prescribe, being posts which but for the order would be posts in the general public service of the Federation.

(4) References in this part, except in Articles 136 and 147, to persons in the public service or to members of any of the public services shall not apply to—

(a) (Repealed);

(b) the Attorney General or, if provision for the manner of his appointment and removal from office is specifically included in the Constitution of the State, or if he is appointed otherwise than from among the members of the judicial and legal service or of the public service of the State, the legal adviser of any State; or

(c) a member of the personal staff of the yang di-pertuan Agong or of a Ruler or yang di-pertua negeri; or

(d) in the case of Malacca and penang, if provision is made by State law for their appointment—

(i) the president of the Religious Affairs Department;

123[artiCle 132]

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NOTES

Part X

See Art. 153(3) & 160(2) definition of “office of profit”.

Art. 132

Clause (1) a. the words “police force” in paragraph (d) substituted for “police service” by

Act 10/1960, paragraph 17(a), in force from 31-05-1960. b. See Art. 134(1), 135(1), (3) & 139(1). c. the word “and” was deleted at the end of paragraph (f) and new paragraph (h) was

inserted by Act A193, section 2, in force from 01-01-1974. d. paragraph (e) was deleted by Act A885, paragraph 28(a), in force from 24-06-1994. the

original paragraph (e) read as follows: “(e) the railway service;”.

Clause (2) a. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42,

in force from 27-08-1976. b. See public officers (Conduct and Discipline) Regulations 1993 [P.U. (A) 395/1993].

Clause (2a) a. Added by Act 10/1960, paragraph 17(b), in force from 31-05-1960. b. the words “(e), (f) and (h)” substituted for “(e) and (f)” by Act A193, section 2, in

force from 01-01-1974. c. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42,

in force from 27-08-1976. d. the letter and punctuation marks “(e),” were deleted by Act A885, paragraph 28(b),

in force from 24-06-1994.

Clause (3) a. the present Clause was substituted by Act 26/1963, section 58, in force from 16-09-1963,

and replaced the earlier Clause which stood as follows at the date of the repeal: “(3) Subject to Clause (4), references to persons in the public service or to members of

any of the public services do not include references to the following, that is to say: (a) any Minister or Assistant Minister of the Federation and the Chief Minister

or any other member of the executive Council of a State; (b) a member of either house of parliament or of the Legislative Assembly of a

State; (c) the Clerk to either house of parliament and any member of the staff of

parliament; (d) unless he has been appointed from among the members of the judicial and

legal service or of the public service of his State, the legal adviser of any State;

(e) a member of the personnel staff of the yang di-pertuan Agong or of a Ruler or Governor;

(f) persons holding such diplomatic posts in the general public service of the Federation as the yang di-pertuan Agong may by order prescribe;

nor to a member of any Commission or Council established by this Constitution except that if he is a member of any of the public services in some other capacity, the said references include references to him in that capacity.”.

b. the words “Federal Court, the Court of Appeal” substituted for “Supreme Court” by Act A885, paragraph 28(c), in force from 24-06-1994.

Federal Constitution

(ii) the Secretary of the Religious Affairs Department;

(iii) the Mufti;

(iv) the Kadi besar; or

(v) a Kadi.

Joint services, etc.

133. (1) Joint services, common to the Federation and one or more of the States or, at the request of the States concerned, to two or more States, may be established by federal law.

(2) where a member of any of the public services is employed—

(a) partly for federal purposes and partly for State purposes; or

(b) for the purposes of two or more States,

the proportion, if any, of his remuneration payable by the Federation and the State or States concerned or, as the case may be, by each of the States concerned, shall, subject to federal law, be determined by agreement or, in default of agreement, by the Commission whose jurisdiction extends to him.

Secondment of officers

134. (1) the Federation may, at the request of a State, local authority, or statutory authority, or of any organization, in or outside Malaysia, second any member of its public services to the service of that State, authority or organization, as the case may be; and a State may, at the request of the Federation, another State, a local authority, or a statutory authority or of any organization, in or outside Malaysia, second any member of its own public service to the service of the Federation, other State, authority or organization, as the case may be.

(2) A person seconded under this Article shall remain a member of the service to which he belongs, but his remuneration shall be paid by the Federation, State, authority or organization, as the case may be, to whose service he is seconded.

124[artiCle 132]

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NOTES

Art. 132—(cont.)

Clause (4) a. the present Clause was substituted by Act 26/1963, section 58, in force from

16-09-1963. the original Clause as it stood on Merdeka Day read as follows: “(4) Clause (3) does not restrict the application of Articles 136 and 147.”.

b. paragraph (d) was added by Act 31/1965, section 2, in force in so far as it relates to Malacca as from 01-05-1960 and in so far as it relates to penang as from 01-11-1959.

c. in paragraph (c) the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

d. paragraph (a) was repealed by Act A837, section 6, in force from 20-11-1992.

Art. 133

See Art. 132(1)(f).

Clause (2): See Art. 179.

Art. 134

the present Article was substituted by Act A885, section 29, in force from 24-06-1994, and replaced the original Article as it stood on Merdeka Day which read as follows:

“134. (1) the Federation may, at the request of a State, second any member of any of the services mentioned in paragraph (a), (b), (c), (d) or (f) of Clause (1) of Article 132 to the service of that State; and a State may at the request of the Federation or of another State second any member of its own public service to the service of the Federation or, as the case may be, of that other State.

(2) A person seconded under this Article shall remain a member of the service to which he belongs, but his remuneration shall be paid by the State to whose service he is seconded or, if he is seconded to the service of the Federation, by the Federation.”.

Clause (2): See Art. 146d(1).

Federal Constitution

Restriction on dismissal and reduction in rank

135. (1) no member of any of the services mentioned in paragraphs (b) to (h) of Clause (1) of Article 132 shall be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint a member of that service of equal rank:

provided that in its application to members of the services mentioned in paragraph (g) of Clause (1) of Article 132 this Clause shall not apply to any law which the legislature of any State, other than penang and Malacca, may make to provide that all powers and functions of a public Service Commission of such State, other than the power of first appointment to the permanent or pensionable establishment, be exercised by a board appointed by the Ruler of such State:

And provided further that this Clause shall not apply to a case where a member of any of the services mentioned in this Clause is dismissed or reduced in rank by an authority in pursuance of a power delegated to it by a Commission to which this part applies, and this proviso shall be deemed to have been an integral part of this Clause as from Merdeka Day.

(2) no member of such a service as aforesaid shall be dismissed or reduced in rank without being given a reasonable opportunity of being heard:

provided that this Clause shall not apply to the following cases:

(a) where a member of such a service is dismissed or reduced in rank on the ground of conduct in respect of which a criminal charge has been proved against him; or

(b) where the authority empowered to dismiss or reduce in rank a member of such a service is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to carry out the requirements of this Clause; or

(c) where the yang di-pertuan Agong, or, in the case of a member of the public service of a State, the Ruler or yang di-pertua negeri of that State, is satisfied that in the interests of the security of the Federation or any part

125[artiCle 135]

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NOTES

Art. 135

Clause (1) a. See Art. 144(5a) & (5b). b. the word “(h)” substituted for “(g)” by Act A193, section 3, in force from 01-01-1974. c. proviso was inserted by Act 27/1968, section 2, in force from 09-09-1968 by Act A31,

paragraph 5(b), in force from 24-03-1971. d. Further proviso was inserted by Act A354, paragraph 30(a), in force from 27-08-1976.

Clause (2) a. proviso was inserted by Act A354, paragraph 30(b), in force from 27-08-1976. b. Further proviso was inserted by Act A442, section 3, in force from 31-12-1978. c. See Art. 160(5)(b).

Clause (3) a. the present Clause was inserted by Act 26/1963, subsection 53(1), in force from

16-09-1963. the earlier Clause which was repealed by Act 10/1960, section 18, in force from 31-05-1960, read as follows:

“(3) no member of any of the services mentioned in paragraph (c), (f) or (g) of Clause (1) of Article 132 shall, without the concurrence of the Judicial and Legal Service Commission, be dismissed or reduced in rank or suffer any other disciplinary measure for anything done or omitted by him in the exercise of a judicial function conferred on him by law.”.

b. the words “paragraph (c)” substituted for “paragraph (e)” by Act A31, paragraph 5(c), in force from 24-03-1971.

Federal Constitution

thereof it is not expedient to carry out the requirements of this Clause; or

(d) where there has been made against a member of such a service any order of detention, supervision, restricted residence, banishment or deportation, or where there has been imposed on such a member any form of restriction or supervision by bond or otherwise, under any law relating to the security of the Federation or any part thereof, prevention of crime, preventive detention, restricted residence, banishment, immigration, or protection of women and girls:

provided further that for the purpose of this Article, where the service of a member of such a service is terminated in the public interest under any law for the time being in force or under any regulation made by the yang di-pertuan Agong under Clause (2) of Article 132, such termination of service shall not constitute dismissal whether or not the decision to terminate the service is connected with the misconduct of or unsatisfactory performance of duty by such member in relation to his office or the consequences of the termination involved an element of punishment; and this proviso shall be deemed to have been an integral part of this Article as from Merdeka Day.

(3) no member of any of the services mentioned in paragraph (c), (f) or (g) of Clause (1) of Article 132 shall, without the concurrence of the Judicial and Legal Service Commission, be dismissed or reduced in rank or suffer any other disciplinary measure for anything done or omitted by him in the exercise of a judicial function conferred on him by law.

Impartial treatment of federal employees

136. All persons of whatever race in the same grade in the service of the Federation shall, subject to the terms and conditions of their employment, be treated impartially.

Armed Forces Council

137. (1) there shall be an Armed Forces Council, which shall be responsible under the general authority of the yang di-pertuan Agong for the command, discipline and administration of, and

126[artiCle 135]

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NOTES

Art. 136

See Art. 132(4) & 153(5).

Federal Constitution

all other matters relating to, the armed forces, other than matters relating to their operational use.

(2) Clause (1) has effect subject to the provisions of any federal law, and any such law may provide for the vesting in the Armed Forces Council of any functions with respect to the armed forces.

(3) the Armed Forces Council shall consist of the following members, that is to say:

(a) the Minister for the time being charged with responsibility for defence, who shall be Chairman;

(b) one member representing their Royal highnesses, who shall be appointed by the Conference of Rulers;

(c) the Chief of Defence Forces who shall be appointed by the yang di-pertuan Agong;

(d) a civilian member, being the person performing the duties of the office of Secretary General for Defence, who shall act as Secretary to the Council;

(e) two senior staff officers of the Federation Armed Forces, appointed by the yang di-pertuan Agong;

(f) a senior officer of the Federation navy, appointed by the yang di-pertuan Agong;

(g) a senior officer of the Federation Air Force, appointed by the yang di-pertuan Agong;

(h) two, if any, additional members, whether military or civilian, appointed by the yang di-pertuan Agong.

(4) the Armed Forces Council may act notwithstanding a vacancy in its membership and may, subject to this Constitution and to federal law, provide for all or any of the following matters:

(a) the organization of its work and the manner in which its functions are to be performed, and the keeping of records and minutes;

(b) the duties and responsibilities of the several members of the Council, including the delegation to any member of the Council of any of its powers or duties;

(c) the consultation by the Council with persons other than its members;

127[artiCle 137]

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NOTES

Art. 137

Clause (3) a. the present Clause was substituted by Act 10/1960, section 19, in force from

31-05-1960. the earlier Clause read as follows: “(3) the Armed Forces Council shall consist of the following members, that is to

say— (a) the Minister for the time being charged with responsibility for defence, who

shall be chairman; (b) one member representing their highnesses, who shall be appointed by the

Conference of Rulers; (c) the General officer Commanding the Federation Army, who shall be appointed

by the yang di-pertuan Agong and shall be Chief of Staff of the Federation Armed Forces;

(d) the senior staff officer of the Federation Army responsible for personnel and the senior staff officer of the Federation Army responsible for stores, equipment and quarters;

(e) any officer appointed by the yang di-pertuan Agong to command the Federation navy or the Federation Air Force;

(f) a civilian member, being the person performing the duties of the office of Secretary for Defence, who shall act as secretary to the Council;

(g) one, if any, additional member, whether military or civilian, appointed by the yang di-pertuan Agong.”.

b. the words “Federation navy” in paragraph (f) and “Federation Air Force” in paragraph (g) substituted for respectively “Royal Malayan navy” and “Royal Malayan Air Force” by Act 26/1963, section 70, in force from 16-09-1963.

c. the words “their Royal highnesses” in paragraph (b) substituted for “their highnesses” by Act A31, section 2, in force from 24-03-1971.

d. See Armed Forces Act 1972 [Act 77]. e. the words “Chief of Defence Forces” substituted for “Chief of the Armed Forces Staff”

by Act A1130, subsection 10(1), in force from 28-09-2001.

Notes:

1. upon the coming into operation of Act A1130, every reference to the “Chief of the Armed Forces Staff” in all written laws shall be construed as a reference to the “Chief of Defence Forces”.

2. Any action taken by, in the name of or against the “Chief of Defence Forces” prior to the coming into operation of Act A1130 shall be deemed to have been validly and lawfully taken if the action could have been validly and lawfully taken by, in the name of or against the Chief of the Armed Forces Staff.

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(d) the procedure to be followed by the Council in conducting its business (including the fixing of a quorum), the appointment, at its option, of a vice-chairman from among its members, and the functions of the vice-chairman;

(e) any other matters for which the Council considers it necessary or expedient to provide for the better performance of its functions.

Judicial and Legal Service Commission

138. (1) there shall be a Judicial and Legal Service Commission, whose jurisdiction shall extend to all members of the judicial and legal service.

(2) the Judicial and Legal Service Commission shall consist of—

(a) the Chairman of the public Services Commission, who shall be Chairman;

(b) the Attorney General or, if the Attorney General is a member of parliament or is appointed otherwise than from among members of the Judicial and Legal Service, the Solicitor General; and

(c) one or more other members who shall be appointed by the yang di-pertuan Agong, after consultation with the Chief Justice of the Federal Court, from among persons who are or have been or are qualified to be a judge of the Federal Court, Court of Appeal or a high Court or shall before Malaysia Day have been a judge of the Supreme Court.

(3) the person who is secretary to the public Services Commission shall be secretary also to the Judicial and Legal Service Commission.

Public Services Commission

139. (1) there shall be a public Services Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the services mentioned in paragraphs (c) and (f) of Clause (1) of Article 132, other than the Auditor General, to members of the public services of the State of Malacca and the State of penang, and, to the extent provided by Clause (2), to members of the public service of any other State.

128[artiCle 137]

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NOTES Art. 138

1. this Article was inserted by Act 26/1963, section 52, in force from 16-09-1963.

Clause (2) the word “the” substituted for “Subject to Article 146a, the” by Act A354, paragraph 31(a), in force from 27-08-1976.

Clause (2)(b) the words “or, if the Attorney General is a member of parliament or is appointed otherwise than from among members of the Judicial and Legal Service, the Solicitor General” were inserted by Act A354, paragraphs 31(b), in force from 27-08-1976.

Clause (2)(c) a. the words “or are qualified to be” were inserted by Act A354, paragraphs 31(c), in

force from 27-08-1976. b. Subsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to

the Federal Court shall now be construed as a reference to the Supreme Court. c. See also notes on this Article on the preceding page. d. the words “Chief Justice of the Federal Court” and “Federal Court, Court of Appeal”

substituted respectively for “Lord president of the Supreme Court” and “Supreme Court” by Act A885, section 30, in force from 24-06-1994.

2. the earlier Article which was repealed by Act 10/1960, section 20, in force from 31-05-1960, read as follows:

“138. (1) there shall be a Judicial and Legal Service Commission. (2) without prejudice to the functions exercisable by the Judicial and Legal Service

Commission under any other Article, the jurisdiction of the Commission shall extend to all members of the Judicial and Legal Service other than the Chief Justice and the other judges of the Supreme Court and the Attorney General.

(3) the Judicial and Legal Service Commission shall consist of— (a) the Chief Justice, who shall be Chairman; (b) the Attorney General; (c) the senior puisne judge; (d) the deputy chairman of the public Services Commission; and (e) one or more other members, who shall be appointed by the yang di-pertuan Agong,

after consultation with the Chief Justice, from among judges or former judges of the Supreme Court.”.

3. See Art. 148(1).

Art. 139

See Art. 144(5b) & 148(1).

Clause (1) a. the words “paragraphs (c) and (f)” in the original text were amended by Act 10/1960,

paragraph 21(a), in force from 31-05-1960, to read “paragraphs (b), (c) and (f)”. Act 26/1963, subsection 53(2), in force from 16-09-1963, restored the original version “paragraphs (c) and (f)”.

b. the words “to members of the public services of the State of Malacca and the State of penang” substituted for “or members of the public service of the State of Malacca or the State of penang” by Act 10/1960, paragraph 21(b), in force from 31-05-1960.

c. the letter “, (e)” was inserted after the letter “(c)” by Act A514, paragraph 9(1)(a), in force from 15-05-1981.

d. the words “paragraphs (c) and (f)” substituted for “paragraphs (c), (e) and (f)” by Act A885, section 31, in force from 24-06-1994.

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(1a) the jurisdiction of the public Services Commission shall extend to—

(a) members of the general public service of the Federation who are employed in a federal department in the State of Sabah or Sarawak;

(b) members of the public service of the State of Sabah or Sarawak who are seconded to the general public service of the Federation; and

(c) members of the public service of the State of Sabah or Sarawak serving in federal posts or in any posts which have become federal posts in that State and who have exercised the option to be members of the general public service of the Federation.

(2) the Legislature of any State other than Malacca and penang may by law extend the jurisdiction of the public Services Commission to all or any persons in the public service of that State, but no such law shall take effect earlier than twelve months from the date of its passing; and if at any time there is not, in any such State in which no such law is in force, established and exercising its functions a State public Service Commission, the jurisdiction of the public Services Commission shall, if federal law so provides, extend to all members of the public service of that State.

(3) Any extension of the jurisdiction of the public Service Commission made by the Legislature of any State pursuant to Clause (2) may be revoked or modified by a law passed by the Legislature of such State.

(4) the public Services Commission shall consist of the following members appointed by the yang di-pertuan Agong in his discretion but after considering the advice of the prime Minister and after consultation with the Conference of Rulers, that is to say, a chairman, a deputy chairman and not less than four other members; but the number of the other members shall not, until the yang di-pertuan Agong by order otherwise provides, exceed thirty.

(5) either the chairman or the deputy chairman shall be, and both may be, appointed from among persons who are, or have at any time within the period of five years immediately preceding the date of their first appointment been, members of any of the public services.

129[artiCle 139]

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NOTES

Art. 139—(cont.)

Clause (1a) Added by Act A514, paragraph 9(1)(b), in force from 15-05-1981.

Clause (2) a. the words “after the relevant date” which appeared after the words “and if at any

time” were repealed by Act 25/1963, section 8, in force from 29-08-1963. b. the words “State public Service” substituted for “Commission corresponding in status

and jurisdiction to the public Services” by Act 26/1963, section 70, in force from 16-09-1963.

c. See Art. 146d(3).

Clause (3) a. this Clause was repealed by Act 25/1963, section 8, in force from 29-08-1963 and

read as follows: “(3) the relevant date referred to in Clause (2) is whichever of the following is the

earlier— (a) the thirty-first day of December, nineteen hundred and sixty-two; or (b) the date on which there are first in operation as part of the Constitution of the

State all the provisions set out in part i of the eighth Schedule or provisions substantially to the same effect.”.

b. this new Clause was inserted by Act 27/1968, section 3, in force from 09-09-1968.

Clause (4) a. the words “Subject to Article 146b” appearing at the commencement were inserted

by Act 26/1963, subsection 59(1), in force from 16-09-1963. the Act also substituted for the words “eight other members” which appeared at the end of the Clause for “ten other members”.

b. Act 59/1966, section 2, in force from 19-09-1966, substituted the word “twelve” for “ten”.

c. the word “the” substituted for “Subject to Article 146b the” and the word “thirty” substituted for “twelve” by Act A514, paragraph 9(1)(c), in force from 15-05-1981.

Note:

notwithstanding anything in the Constitution or the Constitution of the State of Sabah or Sarawak, any member of the public services of the State of Sabah or Sarawak serving in any federal posts or in any posts which have become federal posts in that State and who has exercised, in whatever manner or form, any option offered by the Federal Government to be a member of the general public service of the Federation shall be deemed to have opted and accordingly transferred to or appointed as a member of the public service of the Federation. — See subsection 9(2) of Act A514, in force from 15-05-1981.

d. the words “other members; but the number of other members shall not, until the yang di-pertuan Agong by order otherwise provides, exceed thirty” substituted for “nor more than thirty other members” by Act A767, section 3, in force from 11-05-1990.

e. See p.u. (A) 149/1990.

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(6) A member of any of the public services appointed to be chairman or deputy chairman shall not be eligible for any further appointment in the service of the Federation other than as a member of a Commission to which this part applies.

Police Force Commission

140. (1) there shall be a police Force Commission whose jurisdiction shall extend to all persons who are members of the police force and which, subject to the provisions of any existing law, shall be responsible for the appointment, confirmation, emplacement on the permanent or pensionable establishment, promotion, transfer and exercise of disciplinary control over members of the police force:

provided that parliament may by law provide for the exercise of such disciplinary control over all or any of the members of the police force in such manner and by such authority as may be provided in that law, and in that event, if the authority is other than the Commission, the disciplinary control exercisable by such authority shall not be exercised by the Commission; and no provision of such law shall be invalid on the ground of inconsistency with any provision of this part.

(2) Federal law may provide for the exercise of other functions by the police Force Commission.

(3) the police Force Commission shall consist of the following members, that is to say:

(a) the Minister for the time being charged with responsibility for the police, who shall be Chairman;

(b) the officer of police in general command of the police force;

(c) the person performing the duties of the office of Secretary General to the Ministry under the Minister for the time being charged with responsibility for the police;

(d) a member of the public Services Commission appointed by the yang di-pertuan Agong;

(e) not less than two nor more than six other members, appointed by the yang di-pertuan Agong.

130[artiCle 139]

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NOTES

Art. 140

1. the present Article was substituted by Act 10/1960, section 22, in force from 01-04-1961. the original Article as it stood on Merdeka read as follows:

“140. (1) there shall be a police Service Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the police service.

(2) the police Service Commission shall consist of the following members, that is to say,—

(a) a chairman appointed by the yang di-pertuan Agong, who shall be either the chairman or the deputy chairman of the public Services Commission;

(b) a member possessing legal qualifications, who shall be appointed by the yang di- pertuan Agong after consultation with the Chief Justice;

(c) not less than two nor more than four other members appointed by the yang di- pertuan Agong at his discretion but after considering the advice of the Minister for the time being charged with responsibility for the police.”.

Clause (1): proviso inserted by Act A354, paragraph 32(a), in force from 27-08-1976.

Clause (3) a. the words “officer of police in general command of the police force” substituted for

“Commissioner of police” in paragraph (b) by Act 26/1963, section 70, in force from 16-09-1963.

b. the words “not less than two nor more than four” substituted for “two” at the commencement of paragraph (e) by Act 26/1963, section 70, in force from 16-09-1963.

c. Clause (3)(a): See Art.142(1). d. Act A354, paragraph 32(b), in force from 27-08-1976, amended Clause (3)(e) by

substituting the word “six” for “four”.

Clause (4) a. the words “or superior” were inserted by Act 26/1963, section 70, in force from

16-09-1963.

b. For the appointment of the inspector General of police and Deputy inspector General of police, see section 5 of police Act 1967 [Act 344].

Clause (6)(b) the words “or a committee consisting of members of the Commission and of the force” were inserted by Act A585, section 26, in force from 14-04-1984.

2. See Art. 148(1).

3. See police Act 1967.

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(4) the yang di-pertuan Agong may designate as special posts the posts of inspector General of police, Deputy inspector General of police and any other posts in the police force which in his opinion are of similar or superior status; and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the yang di-pertuan Agong on the recommendation of the police Force Commission.

(5) before acting in accordance with Clause (4) on the recommendation of the police Force Commission, the yang di- pertuan Agong shall consider the advice of the prime Minister, and may once refer the recommendation back to the Commission in order that it may be reconsidered.

(6) the police Force Commission may provide for all or any of the following matters:

(a) the organization of its work and the manner in which its functions are to be performed, and the keeping of records and minutes;

(b) the duties and responsibilities of the several members of the Commission, including the delegation to any member of the Commission or the police force or board of officers of such force or a committee consisting of members of the Commission and of the force of its powers or duties;

(c) the consultation by the Commission with persons other than its members;

(d) the procedure to be followed by the Commission in conducting its business (including the fixing of a quorum), the appointment, at its option, of a vice-chairman from among its members, and the functions of the vice-chairman;

(e) any other matters for which the Commission considers it necessary or expedient to provide for the better performance of its functions.

(7) in this Article “transfer” does not include transfer without change of rank within the police force.

141. (Repealed).

131[artiCle 140]

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NOTES

Art. 141

1. See Art. 148(1).

Clause (2) the words “in his discretion but after considering the advice of the prime Minister and after consultation with the Conference of Rulers” as shown in italics below, were inserted by Act 10/1960, section 23, in force from 31-05-1960.

2. this Article which read as follows was repealed by Act A514, subsection 10(1), in force from 15-05-1981:

“141. (1) Subject to Clause (4), there shall be a Railway Service Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the railway service.

(2) the Railway Service Commission shall consist of the following members appointed by the yang di-pertuan Agong in his discretion but after considering the advice of the Prime Minister and after consultation with the Conference of Rulers, that is to say, a chairman, a deputy chairman and not less than two nor more than six other members; and either the chairman or the deputy chairman shall be, and both may be, appointed from among persons who are, or have at any time within the period of five years immediately preceding the date of their first appointment been, members of any of the public services.

(3) one of the members of the Railway Service Commission shall be appointed from among the members of the public Services Commission and two of the other members shall, if suitable persons having experience in railway service or railway administration are available, be appointed from among such persons.

(4) A member of any of the public services appointed to be chairman or deputy chairman shall not be eligible for any further appointment in the service of the Federation other than as a member of a Commission to which this part applies.

(5) if the railway service ceases to be a public service of the Federation parliament may by law abolish the Railway Service Commission.”.

Notes:

Act A514, section 10, in force from 15-05-1981, which repealed Article 141 made provision in subsection (2) as follows:

“(2) upon the coming into force of this Act— (a) any matter or proceeding in respect of any member of the railway service which

is pending before the Railway Service Commission shall be proceeded with by the public Services Commission;

(b) any delegation made to any person or board by the Railway Service Commission under Clause (6) of Article 144 shall continue to have full force and effect unless otherwise revoked;

(c) the appointment of any person as a member of the Railway Service Commission shall cease to have effect; and

(d) any reference to the Railway Service Commission in any written law shall be construed as reference to the public Services Commission.”.

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Education Service Commission

141A. (1) there shall be an education Service Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the service mentioned in paragraph (h) of Clause (1) of Article 132.

(2) the education Service Commission shall consist of the following members appointed by the yang di-pertuan Agong in his discretion but after considering the advice of the prime Minister and after consultation with the Conference of Rulers, that is to say, a Chairman, a Deputy Chairman and not less than four other members; but the number of the other members shall not, until the yang di-pertuan Agong by order otherwise provides, exceed eight*.

(3) A member of any of the public services appointed to be Chairman or Deputy Chairman shall not be eligible for any further appointment in the service of the Federation other than as a member of a Commission to which this part applies.

General provisions relating to Commissions

142. (1) Subject to paragraph (a) of Clause (3) of Article 140, a member of either house of parliament or of the Legislative Assembly of a State shall not be or be appointed to be a member of a Commission to which this part applies.

(2) Subject to Clause (3), a person shall not be appointed to be a member of any of the Commissions to which this part applies if he is, and shall be removed by order of the yang di-pertuan Agong if he becomes—

(a) a member of any of the public services;

(b) an officer or employee of any local authority, or of any body, whether corporate or otherwise, or of any body or authority established by law for public purposes;

(c) a member of a trade union or of a body or association affiliated to a trade union.

(2a) in addition to any disqualification provided under Clause (2), the Chairman or Deputy Chairman of any of the Commissions *Subsequently “twelve”—see p.u. (A) 150/1990. *now “sixteen”—see p.u. (A) 169/2001.

132[artiCle 141a]

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NOTES Art. 141A

1. See Art. 148(1).

2. this Article was inserted by Act A193, section 4, in force from 01-01-1974.

Clause (2) a. the words “not less than four but not more than eight other members” substituted for

“four members” by Act A354, section 33, in force from 27-08-1976. b. the words “, a Deputy Chairman” were inserted by Act A442, paragraph 4(a), in force

from 31-12-1978. c. the words “others members; but the number of the other members shall not, until

the yang di-pertuan Agong by order otherwise provides, exceed eight” substituted for “but not more than eight other members” by Act A767, section 4, in force from 11-05-1990.

Clause (3) the words “or Deputy Chairman” were inserted by Act A442 paragraph 4(b), in force from 31-12-1978.

Art. 142

Clause (1) a. the words “Subject to paragraph (a) of Clause (3) of Article 140, a member” substituted

for “A member” by Act 10/1960, section 24, in force from 01-04-1961. b. the words “shall not be or be appointed” substituted for “shall not be appointed” by

Act A885, paragraph 32(a), in force from 24-06-1994.

Clause (2) the words “and shall be removed by order of the yang di-pertuan Agong” substituted for “and shall not remain such a member” by Act A514, paragraph 11(a), in force from 15-05-1981. paragraph (b) was substituted by Act A514, paragraph 11(a), in force from 15-05-1981 and read as follows:

“(b) an officer or employee of any local authority or of a body corporate or authority established by law for public purposes;”.

Clause (2)(b) the present paragraph was substituted by Act A566, paragraph 19(1)(a), in force from 16-12-1983, and replaced the earlier Article which read as follows:

“(b) a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it;”.

Clause (2a) a. the present Clause was substituted by Act A566, paragraph 19(1)(b), in force from

16-12-1983. the earlier Clause which was inserted by Act A514, paragraph 11(b), in force from 15-05-1981, read as follows:

“(2a) the disqualification in paragraph (b) of Clause (2) shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.”.

b. the words “or deputy chairman” were inserted immediately after the word “Chairman” by Act A704, section 9, in force from 10-06-1988.

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to which this part applies shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

(3) Clause (2) does not apply to ex officio members; and a member of any of the public services may be appointed to be and remain Chairman or Deputy Chairman and, if he is on leave prior to retirement, he may be appointed to be another member, of any of the said Commissions.

(3a) where, during any period, the Chairman of any of the said Commissions has been granted leave of absence by the yang di-pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions, the Deputy Chairman of that Commission shall discharge the functions of the Chairman during that period, and if the Deputy Chairman is also absent or unable to discharge such functions, a member of the Commission may be appointed by the yang di-pertuan Agong to discharge the functions of the Chairman during that period.

(4) where, during any period, a member of any of the said Commissions has been granted leave of absence by the yang di-pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions as a member, then—

(a) if he is an appointed member, the yang di-pertuan Agong may appoint to exercise his functions during that period any person who would be qualified to be appointed in his place, and the appointment of such a person shall be made in the same manner as that of the member whose functions he is to exercise;

(b) if he is an ex officio member, any person authorized

133[artiCle 142]

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NOTES

Art. 142—(cont.)

Clause (3a): Added by Act A514, paragraph 11(c), in force from 15-05-1981.

Note: the amendments made in Article 142(2)(b) and (2a) by Act A566 shall apply only to a person who is appointed a member of any of the Commissions on or after 16-12-1983.

Clause (4)(b): See Art. 146C(2).

Clause (6) a. the words “a judge of the Federal Court or of a high Court” substituted for “a judge

of the Supreme Court” by Act 26/1963, section 70, in force from 16-09-1963. b. Subsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to

the Federal Court shall now be construed as a reference to the Supreme Court. c. the words “Federal Court, of the Court of Appeal” substituted for “Supreme Court”

by Act A885, paragraph 32(b), in force from 24-06-1994.

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under federal law to perform the functions of his office may during that period perform also his functions as a member of the Commission.

(5) A Commission to which this part applies may act notwithstanding a vacancy in its membership, and no proceedings of such a Commission shall be invalidated by reason only that some person not entitled thereto has taken part in them.

(6) before exercising his functions as a member of any of the said Commissions or under Clause (4) any person other than an ex officio member shall take and subscribe before a judge of the Federal Court, of the Court of Appeal or of a high Court the oath of office and allegiance set out in the Sixth Schedule.

Conditions of service of members of Commissions

143. (1) Save as provided under Clause (2) of Article 142, a member of a Commission to which this part applies, other than an ex officio member—

(a) shall be appointed for a term of five years or, if the yang di-pertuan Agong, acting in his discretion but after considering the advice of the prime Minister, in a particular case so determines, for such shorter term as he may so determine;

(b) may, unless disqualified, be reappointed from time to time; and

(c) may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.

(2) parliament shall by law provide for the remuneration of any member of the said Commission other than a member for whose remuneration as holder of any other office provision is made by federal law; and the remuneration so provided shall be charged on the Consolidated Fund.

(3) the remuneration and other terms of office of a member of a Commission to which this part applies shall not be altered to his disadvantage after his appointment.

134[artiCle 142]

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NOTES

Art. 143

Clause (1) the words “Save as provided under Clause (2) of Article 142, a” substituted for “A” by Act A514, section 12, in force from 15-05-1981.

Clause (1)(c) a. the words “Federal Court” substituted for “Supreme Court” by Act 26/1963,

section 70, in force from 16-09-1963. b. Subsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to

the Federal Court shall now be construed as a reference to the Supreme Court. c. the word “Federal” substituted for “Supreme” by Act A885, section 33, in force from

24-06-1994.

Clause (2) a. See Art. 146C(2). b. See Service Commissions Act 1957 [Act 393].

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Functions of Service Commissions

144. (1) Subject to the provisions of any existing law and to the provisions of this Constitution, it shall be the duty of a Commission to which this part applies to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the service or services to which its jurisdiction extends.

(2) Federal law may provide for the exercise of other functions by any such Commission.

(3) the yang di-pertuan Agong may designate as special posts any post held by the head or deputy head of a department or by an officer who in his opinion is of similar status; and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the yang di- pertuan Agong on the recommendation of the Commission whose jurisdiction extends to the service in which the post is held.

(4) the Ruler or yang di-pertua negeri of a State may designate as special posts any posts in the public service of his State held by the head or deputy head of a department or by an officer who in his opinion is of similar status; and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Ruler or yang di-pertua negeri on the recommendation of the public Services Commission (or, if there is in the State a State public Service Commission, on the recommendation of that Commission).

(5) before acting, in accordance with Clause (3) or (4), on the recommendation of the Commission therein mentioned—

(a) the yang di-pertuan Agong shall consider the advice of the prime Minister; and

(b) the Ruler or yang di-pertua negeri shall consider the advice of the Chief Minister of his State,

and may once refer the recommendation back to the Commission in order that it may be reconsidered.

(5a) Save as provided in Clause (5b), federal law and, subject to the provisions of any such law, regulations made by the yang di-pertuan Agong may, notwithstanding the provisions of Clause (1) of Article 135, provide for the exercise by any officer in a

135[artiCle 144]

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NOTES

Art. 144

1. See Art. 139(1) & 144(1).

Clause (3) a. the words “, other than posts in the judicial and legal service” which appeared after

the words “similar status” were deleted by Act 10/1960, paragraph 25(a), in force from 31-05-1960, but were restored by Act 26/1963, subsection 53(3), in force from 16-09-1963.

b. the words “other than posts in the judicial and legal service” were deleted by Act A354, section 34, in force from 27-08-1976.

c. For list of designated posts—See L.n. (n.S) 119/1957 & 397/1958.

Clause (4) a. the words “a State public Service Commission” substituted for “of any Ruler a

Commission of corresponding status and jurisdiction” by Act 26/1963, section 70, in force from 16-09-1963.

b. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

Clause (5)(b) the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

Clause (5a) a. Added by Act 10/1960, paragraph 25(b), in force from 31-05-1960. b. the words “Save as provided in Clause (5b)” were inserted by Act 59/1966, section

2, in force from 19-09-1966. c. in the proviso to paragraph (a), the words “or of any power of promotion” were

substituted for “or to any power of promotion” by Act A31, section 6, in force from 24-03-1971.

2. See— i. public Services promotion board Regulations 1967, in p.u. 291/1967, as amended by

p.u. 180/1968, 249/1968, p.u. (A) 285/1969. ii. public Services Disciplinary board Regulations 1967, in p.u. 292/1967, as amended by

p.u. 181/1968, 249/1968, p.u. (A) 284/1969. iii. public Services Commission (promotion) (Appeal board) Rules 1968, in p.u. 386/1968.

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service to which the jurisdiction of a Commission to which this part applies extends, or by any board of such officers, of any of the functions of the Commission under Clause (1):

provided that—

(a) no such law or regulation may provide for the exercise by any such officer or board of officers of any power of first appointment to the permanent or pensionable establishment, or of any power of promotion (other than promotion to an acting appointment); and

(b) any person aggrieved by the exercise by any such officer or board of officers of any power of disciplinary control may appeal to the Commission within such time and in such manner as may be prescribed by any such law or regulations, and the Commission may make such order thereon as it may consider just.

(5b) (i) notwithstanding the provisions of Clause (1) of Article 135 and Article 139 and Article 141a, all the powers and functions of the public Services Commission or the education Service Commission established under Article 139 and Article 141a, other than the power of first appointment to the permanent or pensionable establishment, may be exercised by a board appointed by the yang di-pertuan Agong.

(ii) Any person aggrieved by the exercise by the board of any of the aforesaid powers or functions may appeal to an Appeal board appointed by the yang di-pertuan Agong.

(iii) the yang di-pertuan Agong may by regulations provide for matters relating to the appointments of the members of, and the procedure to be followed by, the board or the Appeal board under this Clause.

(iv) where the yang di-pertuan Agong has appointed the board under paragraph (i) of this Clause for the purpose of exercising any of the powers or functions referred to under that paragraph, such power or function shall so long as it remains a power or function to be exercised by the board, cease to be exercisable by the said Commission.

(6) A Commission to which this part applies may delegate to any officer in a service to which its jurisdiction extends, or to any board of such officers appointed by it, any of its functions under

136[artiCle 144]

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NOTES

Art. 144—(cont.)

Clause (5b) a. Added by Act 59/1966, section 2, in force from 19-09-1966. b. Subparagraph (i) was substituted by Act A193, section 5, in force from 01-01-1974. the

earlier subparagraph read as follows: “(i) notwithstanding the provisions of Clause (1) of Article 135 and Article 139, all

the powers and functions of the public Services Commission established under Article 139, other than the power of first appointment to the permanent or pensionable establishment, may be exercised by a board appointed by the yang di-pertuan Agong.”.

Clause (6a): Added by Act 25/1963, section 4, in force from 29-08-1963.

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Clause (1) in respect of any grade of service, and that officer or board shall exercise those functions under the direction and the control of the Commission.

(6a) in respect of members of the general public service of the Federation who are employed in posts ancillary to the armed forces or any of them or to the police force, or in respect of any grade of members of that service who are so employed, functions of the public Services Commission may, under Clause (5a) or (6), be made exercisable by an officer or board of officers of the armed forces or police force, as the case may be, as if he or they were members of the general public service of the Federation.

(7) in this Article “transfer” does not include transfer without change of rank within a department of Government.

(8) A Commission to which this part applies may, subject to the provisions of this Constitution and of federal law, make rules regulating its procedure and specifying the number of its members which are to constitute a quorum.

Attorney General

145. (1) the yang di-pertuan Agong shall, on the advice of the prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation.

(2) it shall be the duty of the Attorney General to advise the yang di-pertuan Agong or the Cabinet or any Minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the yang di-pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law.

(3) the Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.

(3a) Federal law may confer on the Attorney General power to determine the courts in which or the venue at which any proceedings which he has power under Clause (3) to institute shall be instituted or to which such proceedings shall be transferred.

137[artiCle 144]

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NOTES

Art. 144—(cont.)

Clause (8): See Art. 146C(3).

Art. 145

the present Article was substituted by Act 10/1960, section 26, in force from 16-09-1963. the earlier Article read as follows:

“145. (1) the yang di-pertuan Agong shall, after consultation with the Judicial and Legal Service Commission, appoint from among the members of the judicial and legal service an Attorney General, who shall be a person qualified to be a judge of the Federal Court.

(2) the Attorney General shall advise on legal matters referred to him by the yang di-pertuan Agong or the Cabinet, and shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Muslim court, a native court or a court-martial.

(3) the Attorney General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal.

(4) Subject to Clause (5), the Attorney General shall hold office until he attains the age of sixty-five years or such later time, not later than six months after he attains that age, as the yang di-pertuan Agong may approve.

(5) the Attorney General may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.”.

Clauses (1) & (6) a. the words “Federal Court” substituted for “Supreme Court” by Act 26/1963,

section 70, in force from 16-09-1963. b. Subsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to

the Federal Court shall now be construed as a reference to the Supreme Court. c. the word “Federal” substituted for “Supreme” by Act A885, section 34, in force from

24-06-1994.

Clause (3) a. the words “a native court” were inserted after “Muslim court” by Act 26/1963, section 70,

in force from 16-09-1963. b. the words “Syariah Court” substituted for “Muslim Court”, by Act A354, section 45,

in force from 27-08-1976.

Clause (3a): Added by Act A704, section 10, in force from 10-06-1988.

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(4) in the performance of his duties the Attorney General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in the Federation.

(5) Subject to Clause (6), the Attorney General shall hold office during the pleasure of the yang di-pertuan Agong and may at any time resign his office and, unless he is a member of the Cabinet, shall receive such remuneration as the yang di-pertuan Agong may determine.

(6) The person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.

Reports of Commissions

146. (1) each of the Commissions to which this part applies shall make an annual report on its activities to the yang di- pertuan Agong and copies of those reports shall be laid before both houses of parliament.

(2) the public Services Commission shall send a copy of every report made under this Article to the Ruler or yang di- pertua negeri of each State to members of whose public service their jurisdiction extends, and the Ruler or yang di-pertua negeri shall lay it before the Legislative Assembly.

146A. (Repealed).

146b. (Repealed).

146C. (Repealed).

Jurisdiction of Police Force Commission over seconded members of State service in States of Sabah and Sarawak

146D. notwithstanding Clause (2) of Article 134, the jurisdiction of the police Force Commission shall extend to members of the public service of the State of Sabah or Sarawak who are seconded to the police force; and for purposes of the police Force

138[artiCle 145]

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NOTES Art. 146

Clause (2) a. the words “yang di-pertua negeri” substituted for “Governor” by Act A354,

section 42, in force from 27-08-1976. b. See Art. 146C(3).

Art. 146A 1. Added by Act 26/1963, section 54, in force from 16-09-1963. this Article which was repealed by Act A354, section 35, in force from 27-08-1976 read as follows:

“146a. (1) in respect of members of the judicial and legal service who are employed in the borneo States the functions to be discharged by the Judicial and Legal Service Commission shall, so long as this Article has effect, be discharged by a branch of that Commission established for the borneo States.

(2) the branch of the Judicial and Legal Service Commission for the borneo States shall consist of—

(a) the Chief Justice of the high Court in borneo, who shall be Chairman; (b) the legal advisers of the borneo States; (c) the Chairman of the State public Service Commission (if any) in each of the borneo

States; and (d) two persons designated by the Federal Government from among the members of

the main body of the Judicial and Legal Service Commission or public Services Commission.

(3) (Repealed). (4) (Repealed). (5) notwithstanding Clause (2) of Article 134, so long as there is for the borneo States a

branch of Judicial and Legal Commission under this Article, the jurisdiction of the Commission shall extend to members of the public service of a borneo State who are seconded to the judicial and legal service, and for the purpose of the Judicial and Legal Service Commission they shall be deemed to be members of that service.

(6) this Article shall have effect until the end of August 1968, and thereafter in relation to the borneo States, until the Federal Government determines to the contrary.”.

2. See Art. 138(2), 146C(1), (2) & (3). 3. in the shoulder note, the word “branch” substituted for “branches” by Act 59/1966, section 2, in force from 19-09-1966.

Clause (1) the words “or in Singapore” and “or for Singapore, as the case may be” which appeared after the words “borneo States” were deleted by Act 59/1966, section 2, in force from 19-09-1966.

Clause (3) this Clause was repealed by Act 59/1966, section 2, in force from 19-09-1966 and read as follows:

“(3) the branch of the Judicial and Legal Service Commission for Singapore shall consist of—

(a) the Chief Justice of the high Court in Singapore, who shall be Chairman; (b) the legal adviser of the State; (c) the chairman of the State public Service Commission in Singapore; (d) a judge of the high Court in Singapore designated by the Chief Justice; (e) not more than two members of the public Services Commission, being the member

or members of the main body serving under Clause (3) of Article 146b on the branch for Singapore of that Commission or, if that Clause is not in operation, a member or members designated by the Federal Government.”.

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NOTES

Art. 146A—(cont.)

Clause (4) this Clause was repealed by Act 31/1965, subsection 2(2), in force from 01-07-1965 and read as follows:

“(4) At any time when the branch of the Judicial and Legal Service Commission for the borneo States includes among its members more than one chairman of a State public Service Commission the following provisions shall apply:

(a) not more than one of those chairmen shall attend any meeting of the branch, and the one entitled to attend and be summoned to any meeting shall be determined by or in accordance with the rules of the branch and (subject to the rules) any general or special directions of the chairman of the branch; and

(b) the branch shall not make appointments to posts in the State of either of those chairmen at a meeting which he does not attend and has not been summoned to, unless he consents to their doing so.”.

Clause (5) the words “or for Singapore” which appeared after the words “for the borneo States” and the words “or of Singapore, as the case may be,” which appeared after the words “of a borneo State” were deleted by Act 59/1966, section 2, in force from 19-09-1966.

Clause (6) this Clause was substituted by Act 59/1966, section 2, in force from 19-09-1966, and replaced the earlier Clause which reads as follows:

“(6) this Article shall have effect until the end of August 1968, and thereafter— (a) in relation to the borneo States, until the Federal Government determines to the

contrary; and (b) in relation to Singapore, until parliament otherwise provides by an Act passed with

the concurrence of the Governor.”.

Art. 146b

1. Added by Act 26/1963, section 55, in force from 16-09-1963.

Clause (1) a. the words “or in Singapore” which appeared after the words “a borneo State” were

deleted by Act 59/1966, section 2, in force from 09-08-1965. b. the words “the State of Sabah or Sarawak” substituted for “a borneo State” by

Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Clause (2) this Clause was substituted by Act A354, paragraph 36(a), in force from 27-08-1976. the earlier Clause read as follows:

“(2) Subject to Clause (3), the branch of the public Services Commission established for a State under Clause (1) shall consist of such members of the main body of the Commission as may be designated by the Federal Government and such special members as the yang di-pertuan Agong may appoint; and the yang di-pertuan Agong in making any appointment under this Clause shall act in his discretion, after considering the advice of the prime Minister and consulting the Governor of the State.”.

Clause (3) this Clause was deleted by Act A354, paragraph 36(b), in force from 27-08-1976 and read as follows:

“(3) So long as this Clause has effect, in any State in which there is for the time being a State public Service Commission, the members of that Commission shall ex officio be members of the branch for the State of the public Services Commission, and that branch shall consist of those members and not more than two members of the main body of the public Services Commission designated by the Federal Government.”.

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NOTES Art. 146b—(cont.)

Clause (6)

the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Clause (7)

a. the words “or Singapore” which appeared after the words “a borneo State” were deleted by Act 59/1966, section 2, in force from 09-08-1965.

b. the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

c. the words “and the branch is constituted in accordance with Clause (3)” after the words “public Services Commission under this Article” were deleted by Act A354, paragraph 36(c), in force from 27-08-1976.

d. the words “yang di-pertua negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

Clause (8)

a. this Clause was substituted by Act 59/1966, section 2, in force from 09-08-1965. the earlier Clause read as follows:

“(8) Clauses (1) and (3) shall have effect until the end of August, 1968, and thereafter either shall continue to have effect—

(a) in relation to a borneo State, until the Federal Government determines to the contrary; and

(b) in relation to Singapore, until parliament otherwise provides by an Act passed with the concurrence of the Governor.”.

b. the words “this Article shall have effect until the end of August, 1968, and thereafter it” substituted for “Clauses (1) and (3) shall have effect until the end of August, 1968, and thereafter either” by Act A354, paragraph 36(d), in force from 27-08-1976.

c. the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

d. See Art. 139(4), 146C(1), (2) & (3).

2. this Article was repealed by Act A514, section 13, in force from 15-05-1981 and read as follows:

“146b. (1) in respect of members of the general public service of the Federation who are employed in a federal department in the State of Sabah or Sarawak the functions to be discharged by the public Services Commission shall, so long as this Clause has effect, be discharged by a branch of that Commission established for the State.

(2) the branch of the public Services Commission established for a State under Clause (1) shall consist of six members (of whom two shall be from amongst the members of the main body of the public Services Commission) to be appointed by the yang di-pertuan Agong acting in his discretion but after considering the advice of the prime Minister and after consultation with the Conference of Rulers.

(3) (Repealed).

(4) Such member of a branch of the public Services Commission established under Clause (1) as may be designated by the Chairman of the Commission shall be chairman of the branch.

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NOTES

Art. 146b—(cont.)

(5) the number of members of the public Services Commission required by Clause (4) of Article 139 shall be the number of the members of the main body, exclusive of those who are members of a branch but not of the main body.

(6) where a post in a federal department in the State of Sabah or Sarawak entails duties in or in respect of the other of those States, the branch of the public Services Commission whose jurisdiction is to extend to that post shall be the branch for the State in which the head of the department is normally stationed or, in any case of doubt or difficulty, whichever branch the Federal Government may determine.

(7) notwithstanding Clause (2) of Article 134, so long as there is for the State of Sabah or Sarawak a branch of the public Services Commission under this Article, the jurisdiction of the public Services Commission shall extend (except as regards the exercise of disciplinary control over them) to members of the public service of the State who are seconded to the general public service of the Federation, other than members in or below such grade as the yang di-pertuan Agong, with the concurrence of the yang di-pertua negeri, may direct; and for purposes of the public Services Commission they shall be deemed (except as regards the exercise of disciplinary control over them) to be members of the general public service of the Federation.

(8) this Article shall have effect until the end of August, 1968, and thereafter it shall continue to have effect in relation to the State of Sabah or Sarawak until the Federal Government determines to the contrary.”.

Art. 146C 1. this Article was added by Act 26/1963, section 56, in force from 16-09-1963 and read as follows:

“146C. (1) if provision is made by federal law for establishing a joint service common to the Federation and to a borneo State or Singapore, or to two or more of those States with or without the Federation, and for conferring jurisdiction in respect of that service on the Judicial and Legal Service Commission or the public Services Commission, federal law may provide for functions of the Commission in relation to that service to be exercised by any branch for the time being established under Article 146a or 146b for the State or any of the States in question.

(2) in Article 142, paragraph (b) of Clause (4) and, in Article 143, Clause (2) shall have effect in relation to members of a branch of the Judicial and Legal Service Commission or public Services Commission established under Article 146a or 146b as if the references to federal law included references to State law.

(3) Clause (8) of Article 144 shall apply to a branch of the Judicial and Legal Service Commission or public Services Commission established under Article 146a or 146b as if it were a separate Commission to which this part applies; but nothing in those Article shall be taken to require such a branch to make a separate annual report under Article 146.”.

Clause (1) a. the words “or Singapore” were deleted and the “the borneo” substituted for “two or

more of those” by Act 59/1966, section 2, in force from 09-08-1965. b. the words “public Services Commission” substituted for “Commissions” in the

shoulder note, the words “the Judicial and Legal Service Commission or” were deleted after the words “jurisdiction in respect of that service on” and the words “146a or” were deleted after the words “Article”, by Act A354, section 37, in force from 27-08-1976.

c. the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

d. the words “the States of Sabah and Sarawak” substituted for “the borneo States” by Act A354, section 43, in force from 27-08-1976.

Federal Constitution

NOTES

Art. 146C—(cont.)

Clause (2) the words “Judicial and Legal Service Commission or” were deleted after the words “members of a branch of the” and the words “146a or” were deleted after the words “Article” by Act A354, paragraph 37(c), in force from 27-08-1976.

Clause (3) a. the word “of” substituted for “or” which appeared after the words “Judicial and Legal

Service Commission” by Act 59/1966, section 2, in force from 09-08-1965. b. the words “Judicial and Legal Service Commission or” were deleted after the words

“a branch of the” and the words “146a or” were deleted after the words “established under Article” by Act A354, paragraph 37(c), in force from 27-08-1976.

2. this Article was repealed by Act A514, section 13, in force from 15-05-1981.

Art. 146D

this Article was added by Act 26/1963, section 57, in force from 16-09-1963.

Clause (1) a. the words “(1)” at the beginning of the Clause was deleted and the words “(except

as regards the exercise of disciplinary control over them)” were deleted after the words “police Force Commission shall extend” and the words “(except as regards the exercise of disciplinary control over them)” were deleted after the words “police Force Commission they shall be deemed” by Act A354, paragraphs 38(a) and (b), in force from 27-08-1976.

b. the words “the State of Sabah or Sarawak” substituted for “a borneo State” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Clauses (2) & (3) these Clauses which were repealed by Act A354, paragraph 38(c), in force from 27-08-1976, read as follows:

“(2) if in a borneo State there is not a board exercising disciplinary control over the said persons and having the following membership, that is to say:

(a) the Chairman of a State public Service Commission in the State; and (b) the legal adviser of the State; and (c) the senior officer of police in the State; and (d) a representative of the officer of police in general command of the police force;

then Clause (1) shall apply as if it made no exception for the exercise of disciplinary control.

(3) So much of Clause (2) of Article 139 as provides for extending the jurisdiction of the public Services Commission in certain circumstances to members of the public service of a State shall not apply to members of the public service of a borneo State who are seconded to the police force.”.

Federal Constitution

Commission they shall be deemed to be members of the police force.

(2) (Repealed).

(3) (Repealed).

Protection of pension rights

147. (1) the law applicable to any pension, gratuity or other like allowance (in this Article referred to as an “award”) granted to a member of any of the public services, or to his widow, children, dependant or personal representatives, shall be that in force on the relevant day or any later law not less favourable to the person to whom the award is made.

(2) For the purposes of this Article the relevant day is—

(a) in relation to an award made before Merdeka Day, the date on which the award was made;

(b) in relation to an award made after Merdeka Day to or in respect of any person who was a member of any of the public services before Merdeka Day, the thirtieth day of August, nineteen hundred and fifty-seven;

(c) in relation to an award made to or in respect of any person who first became a member of any of the public services on or after Merdeka Day, the date on which he first became such a member.

(3) For the purposes of this Article, where the law applicable to an award depends on the option of the person to whom it is made, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted.

Interpretation of Part X

148. (1) References in this Constitution to a Commission to which this part applies are, unless the context otherwise requires, references to any of the Commissions established under Articles 138 to 141a.

139[artiCle 147]

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NOTES

Art. 147

See Art. 132(4) & 180(2).

Clause (2): See Art. 180(3).

Art. 148

Clause (1) a. the words “, unless the context otherwise requires,” were inserted by Act 10/1960,

paragraph 27(a), in force from 01-04-1961. paragraph 27(b) of the same Act, in force from 31-05-1960, substituted the figure “139” for “138”. the earlier Clause read as follows:

“(2) in this part “ex officio member” includes a Minister, the Chief Justice and other judges of the Supreme Court, and the Attorney General.”.

b. Act 26/1963, subsection 53(5), in force from 16-09-1963, restored the original figure “138”.

c. the figure “141a” substituted for “141” by Act A354, section 39, in force from 27-08-1976.

Clause (2) a. the present Clause was substituted by Act 14/1962, section 32, in force from

21-06-1962. the earlier Clause read as follows: “(2) in this part “ex officio member” includes a Minister, the Chief Justice and other

judges of the Supreme Court, and the Attorney General.”.

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(2) in this part “ex officio member” includes a Minister and a judge of the Federal Court, of the Court of Appeal or of a high Court and “State public Service Commission” means, in relation to any State, a Commission exercising functions in respect of members of the public service of the State and corresponding in status and jurisdiction to the public Services Commission.

Part Xi

SpeCiAL poweRS AGAinSt SubveRSion, oRGAniZeD vioLenCe, AnD ACtS AnD

CRiMeS pReJuDiCiAL to the pubLiC AnD eMeRGenCy poweRS

Legislation against subversion, action prejudicial to public order, etc.

149. (1) if an Act of parliament recites that action has been taken or threatened by any substantial body of persons, whether inside or outside the Federation—

(a) to cause, or to cause a substantial number of citizens to fear, organized violence against persons or property; or

(b) to excite disaffection against the yang di-pertuan Agong or any Government in the Federation; or

(c) to promote feelings of ill-will and hostility between different races or other classes of the population likely to cause violence; or

(d) to procure the alteration, otherwise than by lawful means, of anything by law established; or

(e) which is prejudicial to the maintenance or the functioning of any supply or service to the public or any class of the public in the Federation or any part thereof; or

(f) which is prejudicial to public order in, or the security of, the Federation or any part thereof,

any provision of that law designed to stop or prevent that action is valid notwithstanding that it is inconsistent with any of the provisions of Article 5, 9, 10 or 13, or would apart from this Article be outside the legislative power of parliament; and Article

140[artiCle 149]

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NOTES

Art. 148—(cont.)

b. Act 26/1963, subsection 59(2) and section 70, in force from 16-09-1963, substituted the words “Federal Court or of a high Court” for “Supreme Court” and added thereafter the words “and ‘State public Service Commission’ means, in relation to any State, a Commission exercising functions in respect of members of the public service of the State and corresponding in status and jurisdiction to the public Services Commission”.

c. Act 59/1966, section 2, in force from 19-09-1966, corrected an error in the 1964 Reprint by substituting for the word “and” the words “or of”.

d. Subsequently subsection 18(2) of Act A566, in force from 01-01-1985, provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

e. the words “Federal Court, of the Court of Appeal” substituted for “Supreme Court” by Act A885, section 35, in force from 24-06-1994.

Part XI

the heading “SpeCiAL poweRS AGAinSt SubveRSion, oRGAniZeD vioLenCe, AnD ACtS AnD CRiMeS pReJuDiCiAL to the pubLiC, AnD eMeRGenCy poweRS” substituted for “SpeCiAL poweRS AGAinSt SubveRSion, AnD eMeRGenCy poweRS” by Act A442, paragraph 5(a), in force from 31-12-1978.

Art. 149

1. the present Article was substituted by Act 10/1960, paragraphs 28(a) and (b), in force from 31-05-1960, and replaced the original Article which read as follows:

“149. (1) if an Act of parliament recites that action has been taken or threatened by any substantial body of persons, whether inside or outside the Federation, to cause, or to cause a substantial number of citizens to fear, organized violence against persons or property, any provision of that law designed to stop or prevent that action is valid notwithstanding that it is inconsistent with any of the provisions of Article 5, 9, or 10, or would apart from this Article be outside the legislative power of parliament; and Article 79 shall not apply to a bill for such an Act or any amendment to such a bill.

(2) A law containing such a recital as is mentioned in Clause (1) shall if not sooner repealed, cease to have effect on the expiration of a period of one year from the date on which it comes into operation, without prejudice to the power of parliament to make a new law under this Article.”.

2. See internal Security Act 1960 [Act 82]. 3. the words “, action prejudicial to public order, etc.” were inserted after the words “subversion” in shoulder note by Act A442, paragraph 5(b), in force from 31-12-1978.

Clause (1) a. paragraph (e) was substituted by Act A442, paragraph 5(c), in force from 31-12-1978.

the original paragraph read as follows: “(e) which is prejudicial to the security of the Federation or any part thereof;”.

b. the words “, 10 or 13” substituted for “or 10” by Act A514, section 14, in force from 15-05-1981.

4. paragraph (f) was added by Act A442, paragraph 5(c), in force from 31-12-1978.

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79 shall not apply to a bill for such an Act or any amendment to such a bill.

(2) A law containing such a recital as is mentioned in Clause (1) shall, if not sooner repealed, cease to have effect if resolutions are passed by both houses of parliament annulling such law, but without prejudice to anything previously done by virtue thereof or to the power of parliament to make a new law under this Article.

Proclamation of emergency

150. (1) if the yang di-pertuan Agong is satisfied that a grave emergency exists whereby the security, or the economic life, or public order in the Federation or any part thereof is threatened, he may issue a proclamation of emergency making therein a declaration to that effect.

(2) A proclamation of emergency under Clause (1) may be issued before the actual occurrence of the event which threatens the security, or the economic life, or public order in the Federation or any part thereof if the yang di-pertuan Agong is satisfied that there is imminent danger of the occurrence of such event.

(2a) the power conferred on the yang di-pertuan Agong by this Article shall include the power to issue different proclamations on different grounds or in different circumstances, whether or not there is a proclamation or proclamations already issued by the yang di-pertuan Agong under Clause (1) and such proclamation or proclamations are in operation.

(2b) if at any time while a proclamation of emergency is in operation, except when both houses of parliament are sitting concurrently, the yang di-pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require.

(2C) An ordinance promulgated under Clause (2b) shall have the same force and effect as an Act of parliament, and shall continue in full force and effect as if it is an Act of parliament until it is revoked or annulled under Clause (3) or until it lapses

141[artiCle 149]

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NOTES

Art. 150

Clause (1) a. the words “whether by war or external aggression or internal disturbance,”

which appeared after the words “is threatened,” were deleted by Act 26/1963, subsection 39(1), in force from 16-09-1963.

b. Substituted by Act A514, paragraph 15(a), in force from 15-05-1981. the earlier Clause (1) read as follows:

“(1) if the yang di-pertuan Agong is satisfied that a grave emergency exists whereby the security or economic life of the Federation or of any part thereof is threatened, he may issue a proclamation of emergency.”.

c. the words “prime Minister” substituted for “yang di-pertuan Agong” and the words “shall advise the yang di-pertuan Agong accordingly and the yang di-pertuan Agong shall then” substituted for “may” both by Act A566, paragraphs 20(a) and (b), in force from 16-12-1983.

Clause (2) a. Substituted by Act A514, paragraph 15(a), in force from 15-05-1981. the earlier

Clause (2) read as follows: “(2) if a proclamation of emergency is issued when parliament is not sitting, the

yang di-pertuan Agong shall summon parliament as soon as may be practicable, and may, until both houses of parliament are sitting, promulgate ordinances having the force of law, if satisfied that immediate action is required.”.

b. the words “prime Minister” substituted for “yang di-pertuan Agong” and the words “and advises the yang di-pertuan Agong accordingly” were inserted after the words “such event” both by Act A566, paragraphs 20(c) and (d), in force from 16-12-1983.

See proclamation in L.n. 271/1964, p.u. 339A/1966, p.u. (A) 145/1969.

Clause (2a) a. Added by Act A514, paragraph 15(b), in force from 15-05-1981. b. the words “to issue a proclamation of emergency” were inserted after the words “by

this Article”, the words “as may be advised by the prime Minister,” were inserted after the words “different circumstances”. the words “by the yang di-pertuan Agong” were deleted. these amendments were made by Act A566, paragraphs 20(e), (f) and (g), in force from 16-12-1983.

Clause (2b) a. Added by Act A514, paragraph 15(b), in force from 15-05-1981. b. the words “the prime Minister is satisfied that certain circumstances exist which render

it necessary that immediate action be taken, he shall advise the yang di-pertuan Agong to promulgate such ordinances as the prime Minister deems necessary, and the yang di-pertuan Agong shall then accordingly promulgate such ordinances” substituted for “the yang di-pertuan Agong is satisfied that certain circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as circumstances appear to him to require” by Act A566, paragraph 20(h), in force from 16-12-1983.

Clause (2c) a. Added by Act A514, paragraph 15(c), in force from 15-05-1981. b. the words “of the yang di-pertuan Agong” were deleted by Act A566, paragraph 20(i),

in force from 16-12-1983.

Clause (3) a. the present Clause was substituted by Act 10/1960, section 29, in force from

31-05-1960, and replaced the original Clause which read as follows: “(3) A proclamation of emergency and any ordinance promulgated under Clause (2)

shall be laid before both houses of parliament and, if not sooner revoked, shall cease

Federal Constitution

under Clause (7); and the power of the yang di-pertuan Agong to promulgate ordinances under Clause (2b) may be exercised in relation to any matter with respect to which parliament has power to make laws, regardless of the legislative or other procedures required to be followed, or the proportion of the total votes required to be had, in either house of parliament.

(3) A proclamation of emergency and any ordinance promulgated under Clause (2b) shall be laid before both houses of parliament and, if not sooner revoked, shall cease to have effect if resolutions are passed by both houses annulling such proclamation or ordinance, but without prejudice to anything previously done by virtue thereof or to the power of the yang di-pertuan Agong to issue a new proclamation under Clause (1) or promulgate any ordinance under Clause (2b).

(4) while a proclamation of emergency is in force the executive authority of the Federation shall, notwithstanding anything in this Constitution, extend to any matter within the legislative authority of a State and to the giving of directions to the Government of a State or to any officer or authority thereof.

(5) Subject to Clause (6a), while a proclamation of emergency is in force, parliament may, notwithstanding anything in this Constitution make laws with respect to any matter, if it appears to parliament that the law is required by reason of the emergency; and Article 79 shall not apply to a bill for such a law or an amendment to such a bill, nor shall any provision of this Constitution or of any written law which requires any consent or concurrence to the passing of a law or any consultation with respect thereto, or which restricts the coming into force of a law after it is passed or the presentation of a bill to the yang di-pertuan Agong for his assent.

(6) Subject to Clause (6a), no provision of any ordinance promulgated under this Article, and no provision of any Act of parliament which is passed while a proclamation of emergency is in force and which declares that the law appears to parliament to be required by reason of the emergency, shall be invalid on the ground of inconsistency with any provision of this Constitution.

(6a) Clause (5) shall not extend the powers of parliament with respect to any matter of islamic law or the custom of the

142[artiCle 150]

Federal Constitution

NOTES

Art. 150—(cont.)

to be in force— (a) a proclamation at the expiration of a period of two months beginning with the date

on which it was issued; and (b) an ordinance at the expiration of a period of fifteen days beginning with the date

on which both houses are first sitting, unless, before the expiration of that period, it has been approved by a resolution of each house of parliament.”.

b. the words “Clause (2b)” substituted for “Clause (2)” by Act A514, paragraph 15(c), in force from 15-05-1981.

c. the words “of the yang di-pertuan Agong” were deleted by Act A566, paragraph 20(j), in force from 16-12-1983.

Clause (8)(a) the words “prime Minister mentioned in Clauses (1), (2) and (2b)” substituted for “yang di-pertuan Agong mentioned in Clauses (1) and (2b)” by Act A566, paragraph 20(k), in force from 16-12-1983.

Clause (8)(b)(i) the words “whether or not arising under Clause (2)” were inserted after the words “stated in Clause (1)” by Act A566, paragraph 20(n( �/i>, in force from 16-12-1983.