1.
(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.
2. Parliament may by law -
3.
4.
5.
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.
6.
7.
8.
9.
10.
11.
(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.
12.
13.
14.
15.
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.
16.
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 -
(Repealed)
18.
19.
19A. (Repealed)
20. (Repealed)
21. (Repealed)
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.
23.
24.
25.
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.
26.
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 ben 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.
26B.
27.
28.
28a.
and references in those Articles to the registration or naturalisation of a citizen shall be construed accordingly.
29.
30.
30A. (Repealed)
30B. (Repealed)
31. Until Parliament otherwise provides, the supplementary provisions contained in Part lll of the Second Schedule shall have effect for the purposes of this Part.
32.
33.
34.
35.
36. The Yang di-Pertuan Agong shall keep and use the Public Seal of the Federation.
37.
38.
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 authorised by the Cabinet, but Parliament amy by law confer executive function on other persons.
40.
40a.
41. The Yang di-Pertuan Agong shall be the Supreme Commander of the armed forces of the Federation.
42.
43.
43A.
43B.
43C.
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 Rakyat (House of Representatives).
45.
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 this Clause a member of the Senate, he may continue to serve as such member for the remainder of his term.
46.
47. Every citizen resident in the Federation is qualified to be a member -
48.
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.
50.
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.
52.
53.
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).
54.
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, 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.
55.
56.
provided that such disqualification shall not apply where an 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 renumeration, reward, pr ofit or benefit from it.
57.
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 renumeration, reward, profit or benefit from it.
58. Parliament shall by law provide for the renumeration of the President and Deputy President of the Senate and the Speaker and Deputy Speakers of the House of Representatives, and the renumeration so provided for the President of the Senate and the Speaker of the House of Representatives shall be charged on the Consolidated Fund.
59.
60. The Yang di-Pertuan Agong may address either House of Parliament or both Houses jointly.
61.
62.
63.
64. Parliament shall by law provide for the remuneration of members of each House.
65.
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 fir, and this proviso shall be deemed to have been an integral part of this Article as from Merdeka Day.
66.
67.
68.
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.
69.
70.
71.
72.
73. In exercising the legislative powers conferred on it by this Constitution -
(b) the Legislature of a State may make laws for the whole or any part of that State.
74.
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.
76.
76A.
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.
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.
79.
80.
81. The executive authority of every State shall be so exercised-
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-
83.
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.
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.
84.
85.
86.
87.
88. In their application to any of the States not having a Ruler, Articles 83 to 87 shall have effect-
89.
Provided that-
90.
91.
92.
93.
94.
95.
95A.
95B.
95C.
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.
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.
95E.
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.
97.
98.
99.
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.
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.
101. If in respect of any financial year it is found-
102. Parliament shall have power in respect of any financial year-
103.
104.
105.
106.
107.
108.
109.
110.
In this Article minerals means mineral ores, metal and mineral oils.
111.
112.
112A.
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.
112B. Clause (2) of Article 111 shall not restrict the power of the State of Sabah and 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.
112C.
112D.
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.
Provided that this Clause shall not apply to the assignments under section 4, 7 and 8, and shall not apply to that under section 5 or 6 until the second review.
112E. (Repealed)
113.
114.
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.
115.
116.
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.
118. No election to the House of Representatives or to the Legislative Assembly of a State shall be called into question except by an election petition presented to the High Court having jurisdiction where the election was held.
118A. A petition complaining of no return to the House of Representatives 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 shall not be a ground for declaring that a member has not been duly elected.
119.
120. Where in accordance with Article 45 (4) provision is made by Parliament for the election of Senators by the direct vote of electors-
121.
122.
Provided that no such additional judge shall be ineligible to hold office by reason of having attained the age of sixty- five years.
122A.
122B.
122C. Article 122B shall not apply to the transfer to a High Court, otherwise than as Chief Justice of a judge of another High Court other than the Chief Justice; and such a transfer may be made by the Yang di- Pertaun Agong, on the recommendation of the Lord President of the Supreme Court, after consulting the Chief Justices of the two High Courts.
123. A person is qualified for appointment under Article 122B as a judge of the Supreme Court or as a judge of any of the High Courts if-
124.
125.
125A.
126. The Supreme Court or a High Court shall have power to punish any contempt of itself.
The conduct of a judge of the Supreme Court 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 no less than one quarter of differences in the system of land tenure) in the same manner as they apply to other States.
128.
129. (Repealed)
130. The Yang di-Pertuan Agong may refer to the Supreme Court for its opinion any question as to the effect of any provision of the Constitution which has arisen or appears to him likely to arise, and the Supreme Court shall pronounce in open court its opinion on any question so referred to it.
131. (Repealed).
131A.
132.
133.
134.
135.
Provided that in its application to members of the services mentioned in paragraphs (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.
Provided that this Clause shall not apply to the following cases -
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 Article 132 (2), 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 form Merdeka Day.
136. All persons of whatever race in the same grade in the service of the Federation shall, subject to the terms and conditions of thier employment, be treated impartially.
137.
138.
139.
140.
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 the Prime Minister, and may once refer the recommendation back to the Commission in order that it may be reconsidered.
141. (Repealed).
141A.
142.
Provided that such disqualification shall not apply where such organisation 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.
143.
144.
Provided that -
145.
146.
146A. (Repealed).
146B. (Repealed).
146C. (Repealed).
146D. Notwithstanding Clause (2) of Article 134, the jurisdiction of the Police Force Commission shall extend to embers 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 Commission they shall be deemed to be members of the police force.
147.
148.
149.
150.
151.
152.
Provided that-
Provided that, it the Court and counsel on both sides agree, evidence taken in language spoken by the witness need not be translated into or recorded in English.
153.
154.
155.
156. Where lands, buildings, or hereditaments are occupied for public purposes by or on behalf of the Federation, a State or a public authority, the Federation, State of public authority shall be liable to pay local rates in respect thereof but shall in aid of those rates make such contributions in respect thereof as may be agreed between the Federation, State of public authority. as the case may be, and the authority levying the rates or as may in default of agreement be determined by a tribunal consisting of the chairman of the Lands Tribunal established under Article 87, who shall preside, and two other members of whom each of the parties concerned shall appoint one.
157. Subject to any provisions of State Law, arrangements may be made between any two States 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.
158.
159.
159A. The provisions of Part IV of the Malaysia Act* (which contains temporary and transitional provisions in connection with the operation of that Act) shall have effect as if embodied in this Constitution, and shall have effect notwithstanding anything in this Constitution as amended by that Act; and the provisions of this Constitution, and in particular Clause (1) of Article 4 and Articles 159 and 161E shall have effect in relation thereto accordingly.
160.
(c) the office of a member of the Election Commission, of a member (other than an ex officio member) of a Commission to which Part X applies, or of a member (other that an ex officio member) of any corresponding Commission established by the Constitution of a State; and
161.
161A. (1), (2) and (3) (Repealed).
161B.
161C. (Repealed)
161D. (Repealed)
161E.
161F. (Repealed).
161G. (Repealed).
161H. (Repealed).
162.
163. (Repealed).
164. (Repealed).
165. (Repealed).
166.
167.
168. (Repealed).
169. For the purposes of Article 76 (1) -
170. (Repealed).
171. (Repealed).
172. (Repealed).
173. (Repealed).
174. (Repealed).
175. The person holding office as Director of Audit immediately before Merdeka Day shall, as from that day, hold office as Auditor General on terms and conditions not less favourable that those applicable to him immediately before Merdeka Day.
176.
177. A person who, under any provision of this Parts, holds office under the Federation by virtue of having been the holder of a corresponding office immediately before Merdeka Day may, until Parliament otherwise provides, perform his functions without taking the oath required in the case of other holders of that office.
178. Until Parliament otherwise provides, the remuneration payable to the person holding offices of Prime Minister and other Ministers shall be the same as was payable immediately before Merdeka Day, to the Chief Minister and other Minister of the Federation respectively.
179. Any agreement in force immediately before Merdeka Day relating to the proportion of the remuneration payable by the Federation and any State in respect of any such employment as is mentioned in Article 133 (2) shall continue in force until superseded by a new agreement or federal law.
180.
181.
I.........of hereby declare on oath that I absolutely and entirely renounce and abjure all loyalty to any country or State outside the Federation, and I do swear that I will be faithful and bear true allegiance to His Majesty the Yang di-Pertuan Agong and be a true, loyal and faithful citizen of the Federation.
1. Subject to the provision of Part III of this Constitution, the following persons born on or after Malaysia Day are citizens by operation of law, that is to say:
The Minister
1. The functions of the Federal Government under Part III of this Constitution shall be exercised by such Minister of the Government as the Yang di-Pertuan Agong may from time to time direct, and references in this Schedule to the Minister shall be construed accordingly.
2. A decision of the Federal Government under Part III of this Constitution shall not be subject to appeal or review in any court.
3. (Repealed).
4.
Functions of Minister
6. Subject to federal law, the Minister may make rules* and prescribe forms for the purpose of the exercise of his functions under Part III of this Constitution.
7. Any power of the Federal Government to extend, for purposes of Part III of this Constitution, the period for registering a birth occurring outside the Federation may be exercised either before or after the registration has been affected.
8. (Repealed).
9. Any notice to be given by the Minister to any person under Article 27 may be sent to that person at his last known address, or, in the case of a person under the age of twenty-one years (not being a married woman), to his parent or guardian at the last known address of the parent or guardian; and if an address at which notice may be sent to any person under this section is not known and cannot after reasonable inquiry be ascertained, the notice may be given by publication in the Gazette.
10.
13 - 15. (Repealed).
Offences
16.
17. For the purposes of Part III of this Constitution references to a person's father or to his parent, or to one of his parents, are in relation to a person who is illegitimate to be construed as references to his mother, and accordingly section 19 of this Schedule shall not apply to such a person.
18. In relation to an adopted child whose adoption has been registered under any written law in force in the Federation, including any such law in force before Merdeka Day, Clause (3) of Article 15 shall have effect as if for the reference to his father there were substituted a reference to the adopter, and references in that Clause and section 9 of this Part of this Schedule to his parent shall be construed accordingly.
19. Any reference in Part III of this Constitution to the status or description of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the father's death; and where that death occurred before and the birth occurs on or after Merdeka Day, the status or description which would have been applicable to the father had he died after Merdeka Day shall be deemed to be the status or description applicable to him at the time of his death. This section shall have effect relation to Malaysia Day as it has effect relation to Merdeka Day.
19A. For the purposes of Part I and II of this Schedule 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.
19B. For the purposes of Part I and II of this Schedule any new born child found exposed in any place shall be presumed, until the contrary is shown, to have been born there of a mother permanently resident there; and if he is treated by virtue of this section as so born, the date of the finding shall be taken to be the date of the birth.
19C. For the purposes of Part I or II of the Schedule a person shall be treated as having been at any time permanently resident in the Federation if, but only if, he was then resident in the Federation and either -
21. For the purposes of Part III of this Constitution "consulate of the Federation" includes any office exercising consular function on behalf of the Federation.
22. Except in so far as the context otherwise requires, references in this Schedule to Part III of this Constitution are to be read as including references to this Schedule.
1.
3. When a Ruler to whom the office of Yang di-Pertuan Agong has been offered in accordance with section 2 has accepted the office, the Conference of Rulers shall declare him elected and the Keeper of the Rulers' Seal shall notify the result of the election in writing to both Houses of Parliament.
4.
7. The Conference of Rulers shall offer the office of Timbalan Yang di-Pertuan Agong to the Ruler qualified for election who, on the death of the Yang di-Pertuan Agong last elected, would be the first entitled to be offered the office of the Yang di-Pertuan Agong and, if he does not accept it, to the next and so on until a Ruler accepts the office.
10. In section 4 (3) the expression "Ruler" includes a past Ruler.
Wallahi;
Wabillahi;
Watallahi;
maka dengan lafaz ini berikrarlah kami dengan sesungguh dan dengan sebenarnya mengaku akan taat setia pada menjalankan dengan adilnya pemerintahan bagi Malaysia dengan mengikut sebagaimana Undang-undang dan Perlembagaan Negeri yang telah disah dan dimasyhurkan dan yang akan disah dan dimasyhurkan di masa hadapan ini. Dan lagi kami berikrar mengaku dengan sesungguh dan dengan sebenarnya memliharakan pada setiap masa Ugama Islam dan berdiri tetap di atas pemerintahan yang adil dan aman di dalam negeri.
Kami ....................ibni........................... yang telah dilantik menjadi Timbalan Yang di-Pertuan Agong bagi Malaysia bersumpah dengan melafazkan:
Wallahi;
Wabillahi;
Watallahi;
dan dengan lafaz ini berikrarlah kami dengan sesungguh dan dengan sebenarnya mengaku akan taat setia pada menjalankan tanggungan kami yang telah ditetapkan dan yang akan ditetapkan pada suatu masa ke suatu masa yang ke hadapah ini olch Undang-undang dan Perlembagaan Negeri Malaysia.
Wallahi;
Wabillahi;
Watallahi;
and by virtue of that oath do solemnly and truly declare that We shall justly and faithfully perform (carry out) our duties in the administration of Malaysia in accordance with its laws and constitution which have been promulgated or which may be promulgated from time to time in the future. Further We do solemnly and truly declare that We shall at all time protect the Religion of Islam and uphold the rules of law and order in the Country.
We .................... ibni ............................. being elected to be the Timbalan Yang di-Pertuan Agong of Malaysia do hereby swear:
Wallahi;
Wabillahi;
Watallabi;
and by virtue of that oath do solemnly and truly declare that We shall faithfully perform (carry out) our duties as Timbalan Yang di-Pertuan Agong as laid down and as may from time to time be laid down by the laws and the Constitution of Malaysia.
2. The place of His Royal Highness the Ruler of any State of the Yang di-Pertua Negeri of any State as a member of the Conference of Rulers may in any case in which the Constitution of that State so provides be taken by such person as that Constitution may provide.
3. The Conference of Rulers shall have a Rulers' Seal which shall be kept in custody of a person appointed by the Conference.
4. The person appointed under section 3 shall be known as the Penyimpan Mohor Besar Raja-Raja (Keeper of the Rulers' Seal), shall act as secretary to the Conference of Rulers and shall hold his office at the pleasure of the Conference.
5. A majority of the members of the Conference of Rulers shall form a quorum and, subject to the provisions of this Constitution, the Conference may determine its own procedure.
6. The Keeper of the Rulers' Seal shall convene the Conference of Rulers whenever required to do so by the Yang di-Pertuan Agong or by not less than three members of the Conference and, without being so required, not later than four weeks before the expiry of the term of office of the Yang di-Pertuan Agong and whenever a vacancy occurs in that office or in the office of the Timbalan Yang di-Pertuan Agong.
7. The Yang di-Pertua-Yang di-Pertua Negeri of States not having a Ruler shall not be members of the Conference of Rulers for the purposes of any proceedings relating to the election or for the purposes of any proceedings relating to the election or removal of the Yang di-Pertuan Agong or the election of the Timbalan Yang di-Pertuan Agong or relating solely to the privileges, position, honours and dignities or Their Royal Highnesses or to religious acts, observances or ceremonies.
8. In any case where the Conference of Rulers is not unanimous it shall take its decision by a majority of the members voting, subject however to the provisions of the Third Schedule.
9. Any consent, appointment or advice of the Conference of Rulers required under this Constitution shall be signified under the Rulers' Seal, and where, in the case of any proposed appointment, a majority of the members of the Conference have indicated, by writing addressed to the Keeper of the Rulers' Seal that they are in favour of the appointment, he shall so signify the advice of the Conference without convening it.
"I, ..........................., having been elected (or appointed) to the office of .................... do solemnly swear (or affirm) that I will faithfully discharge the duties of that office to the best of my ability, that I will bear true faith and allegiance to Malaysia, and will preserve, protect and defend its Constitution."
(NOTE - A judge of the Supreme Court, other than the Lord President, or a judge of a High Court shall use the words "mu judicial duties in that or any other office" in place of the words "the duties of that office".)
"I, ........................., having been elected (or appointed) as a member of the House of Representatives (or the Senate) do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to Malaysia, and will preserve, protect and defend its Constitution."
"I, ........................., do solemnly swear (or affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as ................. except as may be required for the due discharge of my duties as such or as may be specially permitted by the Yang di-Pertuan Agong."
4. The presiding officer shall certify to the clerk to the Senate, by writing under his hand, the name of a person elected as Senator in accordance with the provisions of this Schedule.
5. If any question arises whether a member of the Senate has been duly elected in accordance with the provisions of this Schedule, the decision of the Senate shall be taken and shall be final, but the failure to hold an election under section 1 (2) as soon as my be shall not of itself invalidate the election of any Senator.
6. (Repealed).
7. (Repealed).
8. The term of office of a person or appointed to replace a person who has died to be a Senator before the expiration of his term shall be the remainder of that term.
Ruler to act on advice
1.
The Executive Council
2.
but if an appointment is made while the Legislative Assembly is dissolved a person who was a member of the last Legislative Assembly may be appointed but shall not continue to hold office after the first sitting of the next Legislative Assembly unless he is a member thereof.
3. The Legislature of the State shall consist of the Ruler and one House, namely, the Legislative Assembly.
Composition of Legislative Assembly
4.
Qualifications of members
5. Every citizen of or over the age of twenty-one years who is resident in the State is qualified to be a member of the Legislative Assembly, unless he is disqualified for being a member by the Federal Constitution or this Constitution or by any such law as is mentioned in section 6 of the Eighth
Schedule to the Federal Constitution.
Disqualification for membership of Legislative Assembly
6.
Provision against double membership
7. A person shall not at the same time be a member of the Legislative Assembly for more than one constituency.
Decision as to disqualification
8.
Provided that this section shall not be taken to prevent the practice of the Assembly postponing a decision in order to allow for the taking of determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).
Summoning, prorogation and dissolution of Legislative Assembly
*9.
Provided that is a casual vacancy is established on a date within six months of the date the Legislative Assembly shall, in accordance with subsection (3) of this section stand dissolved, such casual vacancy shall not be filled.
Speaker of the Legislative Assembly
10.
Provided that such disqualification shall not apply where such organisation 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.
Exercise of legislative power
11.
FINANCIAL PROVISION
No taxation unless authorised by law
12. No tax or rate shall be levied by or for the purposes of the State except by or under the authority of law.
Expenditure charged on Consolidated Fund
13.
Annual financial statement
14.
Supply Bill
15. The heads of expenditure to be met from the Consolidated Fund of the State, but not charged thereon, other than the sums mentioned in paragraphs (a) and (b) of section 14 (3) of the Eighth Schedule to the Federal Constitution, 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
16. If in respect of any financial year it is found -
a supplementary estimate showing the sums required or spent shall be laid before the Legislative Assembly and the heads of any such expenditure shall be included in a Supply Bill.
Withdrawals from the Consolidated Fund
17.
IMPARTIAL TREATMENT OF STATE EMPLOYEES
Impartial treatment of State employees
18. All persons of whatever race in the same grade of the service of the State, shall, subject to the terms and conditions of their employment, be treated impartially.
AMENDMENT OF THE CONSTITUTION
Amendment of the Constitution
19.
PROVISIONS IN RESPECT OF YANG DI-PERTUA NEGERI IN RELATION TO THE STATES OF MALACCA, PENANG, SABAH AND SARAWAK
Yang di-Pertua Negeri
19A.
Qualification and disabilities of Yang di-Pertua Negeri
19B.
Civil List of Yang de-Pertua Negeri
19C. The Legislature shall by law provide a Civil List of the Yang di-Pertua Negeri, which shall be charged on the Consolidated Fund and shall not be diminished during his continuance in office.
Oath of office of Yang di-Pertua Negeri
19D.
"I, ..................................................... having been appointed Yang di-Pertua Negeri of the State of ............................................................ do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the State of .................... and to the Federation of Malaysia, and that I will preserve, protect and defend the Constitution of the Federation of Malaysia and the Constitution of the State of .........................".
The Executive Council (alternative to section 2)
20.
21.
and, until other provisions made as aforesaid, the number of elected members shall be the number specified in Article 171 of the Federal Constitution.
(2) Notwithstanding anything in section 6 of the Eighth Schedule to the Federal Constitution a person shall not be disqualified for being an appointed member of the Legislative Assembly by reason only that he holds an office of profit.
22. In the application of Parts I and II of this Schedule to the States of Malacca and Penang references to the Yang di-Pertua Negeri shall be substituted for references to the Ruler, and the following shall be omitted, that is to say, paragraphs (c) to (g) of section 1 (2), section 2 (4), subsection (2) and (6) of section 19, section 20 (4), in section 14 (3) the words preceding "the sums to be shown under paragraph (b)" and in subsection 19 (3) the word "other" in the first place where it occurs.
23.
1. External affairs, including -
6. The machinery of government, subject to the State List, but including -
17. Professional occupations other than those specifically enumerated.
18. Holidays other than State holidays; standard of time.
19. Unincorporated societies.
20. Control of agricultural pests; protection against such pests; prevention of plant diseases.
21. Newspaper, publications, publishers, printing and printing presses.
22. Censorship.
23. Subject to item 5(f) of the State List, theatres; cinemas; cinematograph films; places of public amusement.
24. Federal housing and improvement trusts.
25. Co-operative societies.
26. Subject to item 9A of the Concurrent List, prevention and extinguishment of fire, including fire services and fire brigades.
27. All matters relating to the Federal Territory, including the matters enumerated in items 2,3,4 and 5 of the State List and in the Cast of the Federal Territory of Labuan, the matter enumerated in items 15,16 and 17 of the Supplement to State List for States of Sabah and Sarawak.
1. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, Islamic law and personal and family law of persons professing the religion of Islam, including the Islamic law relating to succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy guardianship, gifts, partitions and non-charitable trusts; Wakafs and the definition and regulation of charitable and religious endowments, institutions, trusts, charities and charitable institutions operating wholly within the State; Malay customs. Zakat, Fitrah and Baitulmal or similar Islamic religious revenue, mosques or any Islamic public places of worship, creation and punishment of offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List; the constitution, organisation and procedure of Syariah courts, which shall have jurisdiction only over person professing the religion of Islam and in respect only of any of the matters included in this paragraph, but shall not have jurisdiction in respect of offences except in so fat as conferred by federal law*, the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine Malay custom.
2. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, land including -
3. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, agriculture and forestry, including -
9. Creation of offences in respect of any of the matters included in the State List or dealt with by State law, proof of State law and of thing done thereunder, and proof of any matter for purposes of State law.
10. Inquiries for State purposes, including commissions of inquiry and collection of statistics with respect to any of the matters included in the State List of dealt with by State law.
11. Indemnity in respect of any of the matters in the State List or dealt with by State law.
12. Turtles and riverine fishing.
13. Native law and custom, including the personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession testate or intestate; registration of adoptions under native law or custom; the determination of matters of native law or custom; the constitution, organization and procedure of native courts (including the right of audience in such courts), and the jurisdiction and powers of such courts, which shall extend only to the matters included in this paragraph and shall not include jurisdiction in respect of offences except in so far as conferred by federal law.
14. Incorporation of authorities and other bodies set up by State law, if incorporated directly by State law, and regulation and winding up of corporations so created.
15. Ports and harbours, other than those declared to be federal by or under federal law; regulation of traffic by water in ports and harbours or on rivers wholly within the State, except traffic in federal ports or harbours; foreshores.
16. Cadastral land surveys.
17. Libraries, museums, ancient and historical monuments and records and archaeological sites and remains, other than those declared to be federal by or under federal law.
18. In Sabah, the Sabah Railway.
19. (Repealed).
1. Social welfare; social services subject to Lists I and II; protection of women, children and your persons.
2. Scholarships.
3. Protection of wild animals and wild birds; National Parks.
4. Animal husbandry, prevention of cruelty to animals; veterinary services; animal quarantine.
5. Town and country planning, except in the federal capital.
6. Vagrancy and itinerant hawkers.
7. Public health, sanitation (excluding sanitation in the federal capital) and the prevention of diseases.
8. Drainage and irrigation.
9. Rehabilitation of mining land and land which has suffered soil erosion.
9A. Fire safety measures and fire precautions in the construction and maintenance of building.
10. Personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession testate and intestate.
11. Adulteration of foodstuffs and other goods.
12. Shipping under fifteen registered tons, including the carriage of passengers and goods by such shipping, maritime and estuarine fishing and fisheries.
13. The production, distribution and supply of water power and of electricity generated by water power.
14. Agricultural and forestry research, control of agricultural pests, and protection against such pests, prevention of plant diseases.
15. Charities and charitable trusts and institutions in the State (that is to say, operating wholly within, or created and operating in, the State) and their trustees, including the incorporation thereof and the regulation and winding-up of incorporated charities and charitable institutions in the State.
16. Theatres; cinemas; cinematograph films; places of public amusements.
17. Elections to the State Assembly held during the period of indirect elections.
18. In Sabah until the end of the year 1970 (but not in Sarawak), medicine and health, including the matters specified in items 14 (a) to (d) of the Federal List.
1.
Provided that if the last census was taken one year before the beginning of the financial year, the grant for that particular year shall be based on the population as determined by that population census.
2. The State road grant payable to each of the States of Malaya in respect of a financial year shall be calculated by multiplying -
5. In this Part of this Schedule, "State road" means any public road other than a federal road, and any other road other than a federal road to which the public has access.
6.
1. Revenue from toddy shops.
2. Revenue from lands, mines and forests.
3. Revenue from licences other than those connected with mechanically propelled vehicles, electrical installations and registration of business.
4. Entertainment duty.
5. Fees in court other than federal courts.
6. Fees and receipts in respect of specific services rendered by departments of State Governments.
7. Revenue of town boards, town councils, rural boards, local councils and similar local authorities other than -
9. Rents on State property.
10. Interest on State balances.
11. Receipts from land sales and sales of State property.
12. Fines and forfeitures in courts other than federal courts.
13. Zakat, Fitrah and Baitumal and similar Islamic religious revenue.
14. Treasure trove.
1.
(b) the net revenue for the year 1963 were calculated without regard to any alternation of any tax or fee made on or after Malaysia Day;
("net revenue" meaning for this purpose the revenue which accrues to the Federation, less the amounts received by the State in respect of assignments of that revenue).
1. Import duty and excise duty on petroleum products.
2. Export duty on timber and other forest product.
3. So long as the royalty levied by the State on any mineral chargeable with export duty other than tin (but including mineral oils) does not amount to 10 per cent ad valorem calculated as for export duty, export duty on that mineral or such part of the export duty as makes the total of royalty and duty on exported mineral up to 10 per cent ad valorem so calculated.
4. In the case of Sabah, so long as medicine and health remains an item in the Concurrent List and expenses in respect of that item are borne by the State, 30 per cent of all customs revenue other than that in respect of the duties mentioned in section 1, 2 and 3.
5. For any year before 1974 and, if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the carriage of passengers and goods by land or with respect to mechanically propelled road vehicles or licences connected with those vehicles, then during continuance of that powers, fees from such licences.
6. For any year before 1974, and if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the registration of mechanically propelled vehicles, then during the continuance of that power, fees from the registration of such vehicles.
7. State sales taxes.
8. Fees and dues from ports and harbours other than federal ports and harbours.
2 (56) Meaning of "month" - "month" means calendar month according to the Gregorian calendar.
2 (61) Meaning of "person" and "party"; - "person" and "party" included any body of persons, corporate or unincorporate.
2 (88) Definition of "subsidiary legislation" - "subsidiary legislation" means any Order in Council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Ordinance, Enactment or other lawful authority and having legislative effect.
2 (94) Construction of masculine gender - words importing the masculine gender include females.
2 (95) Construction of singular or plural - words in the singular include the plural, and words in the plural include the singular.
2 (96) Meaning of "writing" - "writing" and expressions referring to writing include printing, lithography, typewriting, photography, and other modes of representing or reproducing words or figures in visible form.
2 (98) Meaning of "year" - "year" means a year reckoned according to the Gregorian calendar.
7. Forms - Save as is otherwise expressly provided, whenever forms are prescribed slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them.
13 Effect of repeal - Where a written law repeals in whole or in part any other written law, then, unless the contrary intention appears, the repeal shall not -
21. (Repealed).
23. General provisions with respect to power given to any authority to make subsidiary Legislation - Where an Ordinance or Enactment confers power on any authority to make subsidiary legislation, such subsidiary legislation may at any time be amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made.
28. Construction of provisions as to exercise of powers and duties -
30. Construction of enabling words - Where a written law confers power on any person to do or enforce the doing of any act or thing, all such powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.
32. Official designation to include officer executing duties - When reference is made in any written law, instrument, warrant or process of any kind made or issued by the Yang di-Pertuan Agong, or a Ruler or any body or person having authority under any written law to make or to issue the same to any public officer by the term designating his office, such officer shall include the officer for the time being executing the duties of such office or any portion of such duties.
33. Power of Yang di-Pertuan Agong to provide for execution of duties of public officer during temporary absence or inability -
36 Computation of time - In computing time for the purposes of any written law, unless the contrary intention appears -
40A Solicitor-General to exercise powers of Attorney General -
44 Construction of references to laws - In any written law a description or citation of a portion of another written law shall, unless a contrary intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.
46 English text to prevail - In case of any conflict or discrepancy between the English text of a written law and any translation thereof, the english text shall prevail.
TWELFTH SCHEDULE (Repealed).
1. The constituencies for the election of members to the House of Representatives and the Legislative Assemblies of the State shall until altered in accordance with the provisions of this Schedule, be those first used for elections to the House or Assembly, as the case may be, pursuant to this Constitution or the Malaysia Act.
2. The following principles shall as far as possible be taken into account in dividing any unit of review into constituencies pursuant to the provisions of Articles 116 and 117 -
3A. For the purposes of this Part, in any review of constituencies for the purposes of election to the House of Representatives, the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan, as the case may be, shall each be regarded as a State.
4. Where the Election Commission have provisionally determined to make recommendations under Clause (2) of Article 113 affecting any constituency, they shall inform the Speaker of the House of Representatives and the Prime Minister accordingly, and shall publish in the Gazette and in at least on newspaper circulating in the constituency a notice stating -
5. Where, on the publication of the notice under section 4 of a proposed recommendation of the Election Commission for the alteration of any constituencies, the Commission receive and presentation objecting to the proposed recommendations from -
6. In relation to any enquiry held under section 5 the Election Commission shall have all the powers conferred on Commissioners by the Commissions of Enquiry Act 1950.
7. Where the Election Commission revise any proposed recommendations after publishing a notice thereof under section 4, the Commission shall comply again with that section in relation to the revised recommendations, as if no earlier notice had been published;
8. The Election Commission shall, having completed the procedure prescribed by this Part, submit to the Prime Minister a report on constituencies showing -
or stating that in their opinion no alteration is required to be made in order to give effect to the said principles.
9. As soon as may be after the Election Commission have submitted their report to the Prime Minister under section 8, he shall lay the report before the House of Representatives, together (except in a case where the report states that no alternation is required to be made) with the draft of an Order to be made under section 12 for giving effect, with or without modifications, to the recommendations contained in the report.
10. If any draft Order referred to in section 9 is approved by the House of Representatives by resolution supported by the votes of not less than one-half of the total number of members of that House, the Prime Minister shall submit the draft Order to the Yang di-Pertuan Agong.
11. If a motion for the removal of any draft Order referred to in section 9 is rejected by the House of Representatives, or withdrawn by leave of the House, or is not supported by the votes of not less than one-half of the total number of members of the House, the Prime Minister may, after such consultation with the Election Commission as he may consider necessary, amend the draft and lay the amended draft before the House of Representative; and if the draft as so amended is approved by the House by a resolution supported by the votes of not less than one-half of the total number of members of the House, the Prime Minister shall submit the amended draft to the Yang di-Pertuan Agong.
12. Where the draft of an Order is submitted to the Yang di-Pertuan Agong under this Part, the Yang di-Pertuan Agong shall make an Order in the terms of the draft submitted to him, and the Order shall come into force on such date as may be specified therein:
The original Article as it stood on Merdeka Day read as follows;
The present Article without Clause (4) was inserted by Act 26/1963. s.4. in force from 16-9-1963 (i.e. when Malaysia was established). Act 59/1966 s.2. in force from 9-8-1965 (i.e. the date Singapore left Malaysia) amended Clause (2) by deleting therefrom para (c) which read as follows:
The present Clause (2) was substituted by Act A354, s. 2. in force from 27-8-1976. This Clause before its substitution by Act A.354 was amended by Act 26/1963, s.4. in force from 16-9-1963 (i.e. when Malaysia was established) read as follows:
The words "Subject to Clause (4)," were inserted before the words "The territories of each of the States" by Act A206, Schedule, in force from 1-2-1974.
1. The original Clause which was added by Act A206, Schedule, in force from 1-2-1974 (i.e. the date of the establishment of the Federal Territory of Kuala Lumpur) read as follows:
2. Subsequently this Clause was amended by Act A566, s.2. (1), in force from 1-2-1974, by inserting the words, " and the Federal Territory shall be a territory of the Federation."
Section 2 (2) of Act A566 also provided w.e.f. 1-2-1974 that -
3. The present Clause was substituted by Act A585, a. 11, in force from 16-4-1984.
See Art. 22, 113 (3), 159 (4) (bb).
1. The words "States not having a Ruler" in line 1 were substituted for "Malacca and Penang" by Act 26/1963, s. 7 (1), in force from 16-9-1963.
2. The words, "religion of Islam" were substituted for "Muslim religion" by Act A354, s. 45, in force from 27-8-1976.
The words "religion of Islam" were substituted for "Muslim religion" by Act A354, s. 45, in force from 27-8-1976. The words "States of Malacca, Penang, Sabah and Sarawak" were substituted for "States of Malacca and Penang" by Act A354, s.3. in force from 27-8-1976.
1. Act 26/1963, s. 7(2), in force from 16-9-1963, substituted "Penang and Singapore" for "and Penang" Act 59/1966, s. 2, in force from 9-8-1965, restored the original version "and Penang".
2. See Art. 5 of the Constitutions of the States of Malacca and Penang.
1. Added by Act A206, Schedule, in force 1-2-1974 and amended by Act A354, s. 45, in force from 27-8-1976, substituted "religion of Islam" for "Muslim religion" and "Islamic" and "Muslim".
2. The words "Territories of Kuala Lumpur and Labuan" were substituted for the word "Territory" by Act A585, Schedule, in force from 16-4-1984.
See Art. 159A.
The words "in proceedings for a declaration that the law is invalid on that ground or "which appear before para. (a) were inserted by Act 26/1963, s. 40, in force from 16-9-1963.
Added by Act 26/1963, s. 40, in force from 16-9-1963.
See Art. 149 (1).
The words "a High Court" which appear in line 1 were substituted for "the Supreme Court" by Act 26/1963, s. 70. in force from 16-9-1963.
Proviso added by Act A354, s. 4, in force from 31-8-1957.
Added by Act A354, s. 5, in force from 27-8-1976.
See Art. 12.161A (5)
Clause (5) (c): The words "Malay Peninsula" were substituted for "Federation" by Act 26/1963, s. 70, in force from 16-9-1963.
See Art. 149 (1).
Clause (2):
1. The words "Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof" which appear at the commencement were substituted for the words "Subject to any restriction imposed by any law relating to the security of the Federation" by Act 26/1963, s. 60 (1) in force from 16-9-1963.
2. See Art. 4 (2) (a).
Clause (3):
1. This Clause was added by Act 26/1963, s. 60 (1), in force from 16-9-1963. A proviso which was added at the same time was repealed by Act 59/1966, s. 2, in force from 19-9-1966. As it stood on the date of repeal, the proviso read as follows:
2. This Clause (3) applies to laws passed before Malaysia Day so as to impose restrictions with effect from Malaysia Day - Act 26/1963, s. 60 (2).
3. The proviso to Clause (3) was amended by adding " and any such restriction shall apply reciprocally to the State of Malaya and the State of Singapore" at the end of the proviso by Act 19/1964, s. 2. in force from 30-7-1964.
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, s. 2, in force from 10-3-1971.
Clause (2):
1. The words " or any part thereof" which appear in paras (a), (b) and (c) after the word "Federation" were inserted by Act 26/1963, s. 60 (3), in force from 16-9-1963.
2. See Art. 4 (2) (b).
Clause (3) was added by Act 26/1963, s. 60 (4), in force from 16-9-1963, which also amended Clause (1) by substituting the words "Clause (2) and (3)" for "Clause (2)" appearing at the commencement of the Clause.
Clause (4) added by Act A30, s. 2, in force from 10-3-1971.
1. The words "and in respect of the Federal Territory, federal law" were inserted after "State law" in line 1 by Act A206, Schedule, in force from 1-2-1974. The words "religion of Islam" substituted for "Muslim religion" by Act A354, s. 45, in force from 27-8-1976.
2. Subsequently the words "Territories" Kuala Lumpur and Labuan" were substituted for the word "Territory" by Act A585, Schedule, in force from 16-4-1984.
1. The present Clause (2) was inserted by Act A354, s. 6, in force from 27-8-1976 and replaced the earlier Clause which read as follows:
2. The words "or State law" which appears in line five after "federal law" were inserted by Act 25/1963, s. 2 (1), in force from 31-8-1957 vide s. 3 (3).
1. The present Article was inserted by Act 26/1963, s. 23, in force from 16-9-1963, but Clauses (1) (c), (2) and (3), which are reproduced below, were repealed by Act 59/1966, s. 2, in force from 9-8-1965.
2. The earlier Article, as it stood at the date of repeal, read as follows:
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 such purposes.
Provided that paragraph (c) of this Clause does not apply -
1. The present Article was inserted by Act 26/1963, s. 25, in force from 16-9-1963, Act 59/1966, s. 2, in force from 9-8-1965, amended it -
Clause (1): See Art. 24 (4), 26 (2), 28 (1) (b), 28A (3).
Clause (3): See 2nd Sch. Pt III. s.18.