Amendments to the Constitution of Malaysia

by The Federal Government of Malaysia

FEDERAL CONSTITUTION
As at 1 November 2010

PART I
THE STATES, RELIGION AND LAW OF THE FEDERATION

Article 1: Name, States and territories of the Federation

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.

Article 2: Admission of new territories into the Federation

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

Article 3: Religion of the Federation

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.

Article 4: Supreme law of the Federation

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.

PART II
FUNDAMENTAL LIBERTIES

Article 5: Liberty of the person

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.

Article 6: Slavery and forced labour prohibited

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.

Article 8: Equality

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].

Article 9: Prohibition of banishment and freedom of movement

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.

Article 10: Freedom of speech, assembly and association

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.

Article 11: Freedom of religion

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.

Article 12: Rights in respect of education

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.

PART III
CITIZENSHIP

Chapter 1—Acquisition of Citizenship

Article 14: Citizenship by operation of law

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

(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.”.

Article 15: Citizenship by registration (wives and children of citizens)

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.”.

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.

Article 15A: Special power to register children

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

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

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).

Article 16A: Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day)

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).

Article 17: (Citizenship by registration (persons resident in the Federation on Merdeka Day)—Repealed)

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.

Article 18: General provisions as to registration

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.

Article 19: Citizenship by naturalization

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)”;

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.

Article 19A: (Transfer of citizenship to or from Singapore—Repealed)

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 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.

Article 20: (Naturalization of members of Federation forces—Repealed)

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 fulltime 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.

Article 21: (General provisions as to naturalization—Repealed)

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.”.

Article 22: Citizenship by incorporation of territory

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

Chapter 2—Termination of Citizenship

Article 23: Renunciation of citizenship

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.

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

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).

Article 25: Deprivation of citizenship by registration under Article 16A or 17 or by naturalization

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.

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.”.

Article 26: Other provisions for deprivation of citizenship by registration or naturalization

Clause (1), (2) & (3)

a. Act 14/1962, 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.

Article 26A: Deprivation of citizenship of child of person losing citizenship

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).

Article 26B: General provisions as to loss of citizenship

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

Clause (2)

See Art. 28A(6).

Article 27: Procedure for deprivation

See Art. 28A(6), Second Schedule, Part III, subsection 4(1) & 9.

Article 28: Application of Chapter 2 to certain citizens by operation of law

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.

Article 28A: Deprivation of citizenship of persons becoming citizens on Malaysia Day

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.”.

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).

Chapter 3—Supplemental

Article 30: Certificates of citizenship

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).

Article 30A: (Franchise, etc., of Singapore citizens and other citizens—Repealed)

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.”.

Article 30B: (Liaison as to citizenship between governments of Federation and of Singapore—Repealed)

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.

(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.”.

Article 31: Application of Second Schedule

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

PART IV
THE FEDERATION

Chapter 1—The Supreme Head

Article 32: Supreme Head of the Federation, and his Consort

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.

Article 33: Deputy Supreme Head of the Federation

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.

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].

Article 33A: Yang di-Pertuan Agong shall cease to exercise the functions of the Yang di-Pertuan Agong if charged with an offence

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

Article 34: Disabilities of Yang di-Pertuan Agong, etc.

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.

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.”.

Article 35: Civil List of the Yang di-Pertuan Agong and his Consort and remuneration of the Timbalan Yang di-Pertuan Agong

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.

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.

Article 37: Oath of office of Yang di-Pertuan Agong

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.

Chapter 2—The Conference of Rulers

Article 38: Conference of Rulers

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).

Chapter 3—The Executive

Article 39: Executive authority of Federation

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.

Article 40: Yang di-Pertuan Agong to act on advice

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).

Article 42: Power of pardon, etc

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.

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.

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.

Article 43: Cabinet

See Art. 57(1A).

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].

Article 43A: Deputy Ministers

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].

Article 43B: Parliamentary Secretaries

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].

Article 43C: Political Secretaries

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

Chapter 4—Federal Legislature

Article 45: Composition of Senate

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.

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.

Article 46: Composition of House of Representatives

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;

(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

(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;

(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.

Article 48: Disqualification for membership of Parliament

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).

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.

Article 49: Provisions against double memberships

See Art. 50(2).

Article 50: Effect of disqualification, and prohibition of nomination or appointment without consent

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.”.

Article 51: Resignation of members

See Art. 57(1A).

Article 52: Absence of a member

See Art. 57(1A).

Clause (2)

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

Article 53: Decisions as to disqualification

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.

Article 54: Vacancies in Senate and casual vacancies

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 substituted 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.

Article 55: Summoning, prorogation and dissolution of Parliament

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.

Article 56: President and Deputy President of Senate

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.

Article 57: Speaker and Deputy Speakers of the House of Representatives

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)

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.

Article 58: Remuneration of President, Deputy President, Speaker and Deputy Speakers

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.

Article 59: Oaths by members

See Art. 57(1A).

Clause (2)

The word “six” substituted for “three” by Act A566, section 11, in force from 16-12-1983.

Article 61: Special provisions as to Cabinet and Attorney General

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.

Article 62: Parliamentary procedure

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”.

Article 63: Privileges of Parliament

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.

Article 64: Remuneration of members

See Members of Parliament (Remuneration) Act 1980 [Act 237].

Article 65: Clerks of Senate and House of Representatives

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.

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.”.

Chapter 5—Legislative procedure

Article 66: Exercise of legislative power

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.

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.”.

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.

Article 67: Restriction on introduction of Bills and moving of amendments involving taxation, expenditure, etc.

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).

Article 68: Assent to Bills passed by House of Representatives only

See Art. 66(1), (3) & (6).

Chapter 6—Capacity as respects property, contracts and suits

Article 69: Capacity of Federation as respects property, contracts and suits

Clause (1)

See Government Contracts Act 1949 [Act 120].

Clause (2)

See Government Proceedings Act 1956 [Act 359].

PART V
THE STATES

Article 70: Precedence of Rulers and Yang di-Pertua-Yang di-Pertua Negeri

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).

Article 71: Federal guarantee of State Constitutions

Clause (1)

See Art. 159(5).

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.

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.”

Article 72: Privileges of Legislative Assembly

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
RELATIONS BETWEEN THE FEDERATION AND THE STATES

See Art. 154(2).

Chapter 1—Distribution of legislative powers

Article 74: Subject matter of federal and State laws

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.

Article 75: Inconsistencies between federal and State laws

See Art. 76A(2) & 162(2).

Article 76: Power of Parliament to legislate for States in certain cases

See Art. 159(4)(b) & 160(2), definition of “federal purposes”.

Clause (1)

See Art. 169.

Clause (1)(b)

See Art. 95D.

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.

Article 76A: Power of Parliament to extend legislative powers of States

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).

Article 79: Exercise of concurrent legislative powers

See Art. 76A(3), 92(2), 149(1) & 150(5)

Chapter 2—Distribution of executive powers

Article 80: Distribution of executive powers

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.

Chapter 3—Distribution of financial burdens

Article 82: Financing of expenditure relating to matters on Concurrent List

See Art. 76A(3).

Chapter 4—Land

Article 83: Acquisition of land for federal purposes

See Art. 88.

Clause (5)

See Art. 84(1)(a).

Clause 5(a)

See Art. 88(b)

Clause (8)

Inserted by Act A704, section 3, in force from 10-06-1988.

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

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.

Article 85: Grant to Federation of land reserved for federal purposes

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.

Article 86: Disposition of land vested in the Federation

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.

Article 87: Determination of disputes as to land values

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.

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.

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

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.

Article 89: Malay reservations

See Art. 90(3) & 161A(5).

Clause (1)

See Art. 62(3) & 90(2).

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.”.

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.

Article 90: Special provisions relating to customary land in Negeri Sembilan and Malacca, and Malay holdings in Terengganu

See Art. 89(7).

Clause (1A)

Inserted by Act A566, section 13, in force from 16-12-1983.

Article 91: National Land Council

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.

Chapter 5—National development

Article 92: National development plan

See Art. 95E(1), (3) & 108(4)(e).

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

Article 93: Inquiries, surveys and statistics

See Art. 80(2) & 94(3).

Article 94: Federal powers in respect of State subjects

See Art. 79(1), 80(2) & 95E(1).

Clause (1)

See Art. 95E(4).

Article 95: Inspection of State activities

See Art. 80(2).

Chapter 7—National Council for Local Government

Article 95A: National Council for Local Government

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.

Chapter 8—Application to States of Sabah and Sarawak

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.

Article 95B: Modifications for States of Sabah and Sarawak of distribution of legislative powers

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.

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.

Article 95C: Power by order to extend legislative or executive powers of States

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.

Article 95D: Exclusion for States of Sabah and Sarawak of Parliament’s power to pass uniform laws about land or local government

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.

Article 95E: Exclusion of States of Sabah and Sarawak from national plans for land utilization, local government, development, etc.

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.

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.

PART VII
FINANCIAL PROVISIONS

Chapter 1—General

Article 97: Consolidated Funds

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.

Article 99: Annual financial statement

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.

Article 100: Supply Bills

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.

Article 101: Supplementary and excess expenditure

1. See Art. 102(b).

2. The word “purposes” substituted for “heads” by Act A354, section 20, in force from 27-08-1976.

Article 102: Power to authorize expenditure on account or for unspecified purposes

See Art. 104(1)(c).

Article 103: Contingencies Fund

See—

a. Art. 109(5);

b. Financial Procedure Act 1957 [Act 61], section 11

Article 105: Auditor General

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].

Article 106: Powers and duties of Auditor General

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].

Article 107: Reports of Auditor General

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.

Article 108: National Finance Council

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).

Article 109: Grants to States

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”.

Article 110: Assignment of taxes and fees to the States

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.

Article 111: Restriction on borrowing

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.

Article 112: Restriction on alterations in establishments of States

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.

Chapter 2—Application to States of Sabah and Sarawak

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.

Article 112A: State audits in States of Sabah and Sarawak

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.

Article 112B: Borrowing powers of States of Sabah and Sarawak

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.

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

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).

Article 112D: Reviews of special grants to States of Sabah and Sarawak

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).

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).

Article 112E: (Financial arrangements with Singapore—Repealed)

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).”.

PART VIII
ELECTIONS

Article 113: Conduct of elections

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.

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].

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.

Article 114: Constitution of Election Commission

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].

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.

Article 115: Assistance to Election Commission

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.

Article 116: Federal constituencies

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.

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.”.

Article 117: State constituencies

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.

Article 118: Method of challenging election

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).

Article 118A: Method of questioning election petition of no return

1. Added by Act 31/1965, subsection 2(2), in force from 01-07-1965.

2. See Art. 120(c).

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.

Article 119: Qualifications of electors

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.”.

Article 120: Direct elections to the Senate

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.

PART IX
THE JUDICIARY

Article 121: Judicial power of the Federation

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.

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].

Article 122: Constitution of Federal Court

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.

Article 122A: Constitution of Court of Appeal

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.

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.”.

Article 122AA: Constitution of the High Courts

Added by Act A885, section 16, in force from 24-06-1994.

Article 122AB: Appointment of judicial commissioner

Added by Act A885, section 16, in force from 24-06-1994.

Article 122B: Appointment of judges of Federal Court, Court of Appeal and High Courts

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.

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.

Article 122C: Transfer of judge of one High Court to another

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.

Article 123: Qualifications of judges of Federal Court, Court of Appeal and High Courts

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.

Article 124: Oath of office of judges

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.

Article 125: Tenure of office and remuneration of judges of Federal Court

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”.

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:

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.

Article 125A: Exercise of powers by judges

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.

Article 126: Power to punish for contempt

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.

Article 127: Restriction on Parliamentary discussion of conduct of judge

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.

Article 128: Jurisdiction of Federal Court

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.”.

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

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.”.

Article 130: Advisory jurisdiction of Federal Court

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” substituted 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.

Article 131: (Appeals from Federal Court—Repealed)

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”.

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.

Article 131A: Provision for incapacity, etc., of Chief Justice, President or Chief Judge

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.

PART X
PUBLIC SERVICES

See Art. 153(3) & 160(2) definition of “Office of profit”.

Article 132: Public services

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.

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.

Article 133: Joint services, etc.

See Art. 132(1)(f).

Clause (2)

See Art. 179.

Article 134: Secondment of officers

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).

Article 135: Restriction on dismissal and reduction in rank

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.

Article 136: Impartial treatment of federal employees

See Art. 132(4) & 153(5).

Article 137: Armed Forces Council

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.

Article 138: Judicial and Legal Service Commission

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).

Article 139: Public Services Commission

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

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.

Article 140: Police Force Commission

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.

Article 141: (Railway Service Commission—Repealed)

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.”.

Article 141A: Education Service Commission

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.

Article 142: General provisions relating to Commissions

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.

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.

Article 143: Conditions of service of members of Commissions

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].

Article 144: Functions of Service Commissions

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.

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.

Clause (8)

See Art. 146C(3).

Article 145: Attorney General

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.

Article 146: Reports of Commissions

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).

Article 146A: (Branch in Borneo States of Judicial and Legal Service Commission—Repealed)

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.”.

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.”

Article 146B: (Branches in each State of Sabah or Sarawak of Public Services Commission—Repealed)

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.”.

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.

(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.”.

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

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.

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.

Article 146D: Jurisdiction of Police Force Commission over seconded members of State service in States of Sabah and Sarawak

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.”.

Article 147: Protection of pension rights

See Art. 132(4) & 180(2).

Clause (2)

See Art. 180(3).

Article 148: Interpretation of Part X

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.”.

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
SPECIAL POWERS AGAINST SUBVERSION, ORGANIZED VIOLENCE, AND
ACTS AND CRIMES PREJUDICIAL TO THE PUBLIC AND EMERGENCY POWERS

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.

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

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.

Article 150: Proclamation of emergency

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 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(l), in force from 16-12-1983.

Note:

Article 150 was again amended by Act A584, section 3, in force from 20-01-1984, which restored the original provisions as it was before the amendment made by Act A566 as it now appears.

Clause (5)

a. The present Clause was substituted by Act 26/1963, subsection 39(2), in force from 16-09-1963.

b. The words “or in the Constitutions of the State of Sarawak” were inserted by Act 68/1966, paragraph 3(1)(a), after the word “Constitution” where it first occurs, in force from 20-09-1966, and will cease to have effect six months after the date on which the Proclamation of Emergency issued by the Yang di-Pertuan Agong on 14-09-1966 in P.U. 339A/1966 ceases to have effect. The original Clause read as follows:

“(5) While a Proclamation of Emergency is in force Parliament may, notwithstanding anything in this Constitution, make laws with respect to any matter enumerated in the State List (other than any matter of Muslim law or the custom of the Malays), extend the duration of Parliament or of a State Legislature, suspend any election, and make any provision consequential upon or incidental to any provision made in pursuance of this Clause.”.

Clause (6)

a. The present Clause was inserted by Act 26/1963, subsection 39(2), in force from 16-09-1963. The original Clause read as follows:

“(6) No provision of any law or ordinance made or promulgated in pursuance of this Article shall be invalid on the ground of any inconsistency with the provisions of Part II, and Article 79 shall not apply to any Bill for such a law or any amendment to such a Bill.”.

b. The words “or of the Constitution of the State of Sarawak” were inserted by Act 68/1966, paragraph 3(1)(b), after the word “Constitution” at the end thereof, in force from 20-09-1966, and will cease to have effect six months after the date on which the Proclamation of Emergency issued by the Yang di-Pertuan Agong on 14-09-1966 in P.U. 339A/1966 ceases to have effect.

Clause (6A)

a. Added by Act 26/1963, subsection 39(2), in force from 16-09-1963.

b. The words “Islamic law” substituted for “Muslim law” by Act A354, section 45, 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.

Clauses (8) & (9)

Added by Act A514, paragraph 15(d), in force from 15-05-1981.

Article 151: Restrictions on preventive detention

Clause (1)(b)

a. The original paragraph was substituted by Act 10/1960, section 30, in force from 31-05-1960 and read as follows:

“(b) no citizen shall be detained under that law or ordinance for a period exceeding three months unless an advisory board constituted as mentioned in Clause (2) has considered any representations made by him under paragraph (a) and has reported, before the expiration of that period, that there is in its opinion sufficient cause for the detention.”.

b. Act 10/1960, section 30, in force from 31-05-1960, substituted the original paragraph (b) with the following:

“(b) no citizen shall be detained under that law or ordinance for a period exceeding three months unless an advisory board constituted as mentioned in Clause (2) has considered any representations made by him under paragraph (a) and made recommendations thereon to the Yang di-Pertuan Agong.”.

c. The present paragraph as it now appears, was substituted by Act A354, section 40, in force from 27-08-1976.

Clause (2)

a. The words “and who shall be or have been, or be qualified to be, a judge of the Federal Court or a High Court, and shall before Malaysia Day have been a judge of the Supreme Court, and” substituted for “from among persons who are or have been judges of the Supreme Court or are qualified to be judges of the Supreme Court, and” and the words “Lord President of the Federal Court” substituted for “Chief Justice or, if at the time another judge of the Supreme Court is acting for the Chief Justice, after consultation with the judge” by Act 26/1963, section 70, in force from 16-09-1963.

b. Subsequently subsection 18(2) of Act A566, in force from 16-12-1983, provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

c. This Clause was substituted by Act A767, section 5, in force from 11-05-1990 and read as follows:

“(2) An advisory board constituted for the purposes of this Article shall consist of a chairman, who shall be appointed by the Yang di-Pertuan Agong and who shall be or have been, or be qualified to be, a judge of the Supreme Court or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court, and two other members, who shall be appointed by the Yang di-Pertuan Agong after consultation with the Lord President of the Supreme Court.”.

d. The words “Federal Court, the Court of Appeal” substituted for “Supreme Court” where they first appear by Act A885, section 36, in force from 24-06-1994.

PART XII
GENERAL AND MISCELLANEOUS

Article 152: National language

1. See Art. 161(5).

2. See National Language Act 1963/1967 [Act 32].

Clauses (2) & (3)

See Art. 161(1).

Clause (4)

a. The words “Federal Court or a High 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 16-12-1983, provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

3. See Art. 161(1).

4. The words “Federal Court, the Court of Appeal” substituted for “Supreme Court” by Act A885, section 37, in force from 24-06-1994.

Clause (5)

See Art. 161(1).

Clause (6)

Inserted by Act A30, section 5, in force from 10-03-1971.

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

See Art. 38(5), 159(5), 161A(2), (3) & (4).

Clause (2)

See Art. 161A(1) & (2).

Clauses (3), (4) & (5)

See Art. 161A(1).

Clauses (1), (2), (3), (6) & (8)

a. The words “and natives of any of the Borneo States” were inserted after “Malays” by Act A30, paragraph 6(a), in force from 10-03-1971.

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 (8A)

a. Inserted by Act A30, paragraph 6(b), in force from 10-03-1971.

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

Clause (9)

a. The words “and natives of any of the Borneo States” were inserted after the words “Malays” by Act A30, paragraph 6(a), in force from 10-03-1971.

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 (9A)

a. Inserted by Act A30, paragraph 6(c), in force from 10-03-1971.

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.

Article 154: Federal capital

See Federal Capital Act 1960 [Act 190].

Clause (3)

Repealed by Act 10/1960, section 31, in force from 08-08-1960, which also deleted in Clause (2) the words “but subject to Clause (3)” which followed the words “Part VI”. The original Clause (3) read as follows:

“(3) In relation to the municipality of Kuala Lumpur, Clause (2) shall not apply until such date as may be appointed by the Yang di-Pertuan Agong with the concurrence of the Ruler of the State of Selangor in pursuance of arrangements made between the Federal Government and the Government of that State for the establishment elsewhere of the State capital; and until the date so appointed the Federal List shall have effect as if item (e) of section 6, and in item (h) of section 7 the words “rates in the federal capital”, were omitted.”.

Article 155: Commonwealth reciprocity

Clause (2)

The present Clause was substituted by Act 14/1962, section 32, in force from 01-10-1962, and replaced the original Clause which read as follows:

“(2) In this Article “part of the Commonwealth” means any Commonwealth country, any colony, protectorate or protected state, and any other territory administered by the Government of any Commonwealth country; and in relation to the United Kingdom and any other part of the Commonwealth (not being a Commonwealth country or a territory administered by the Government of a Commonwealth country other than the United Kingdom) the reference to citizens of that part shall be construed as a reference to citizens of the United Kingdom and Colonies.”.

Article 158: (Arrangements with Brunei—Repealed)

1. Act 26/1963, section 70, in force from 16-09-1963, substituted the word “Brunei” for “any territory to which this Article applies” which appeared at the end of paragraphs (a), (b) and (c) of Clause (1) and repealed Clause (2) which read as follows:

“(2) This Article applies to Singapore, Sarawak, Brunei and North Borneo.”.

2. This Article was deleted by Act A704, section 11, in force from 10-06-1988 and read as follows:

“158. (1) Nothing in this Constitution shall be taken to prohibit the making or continuance of arrangement whereby—

(a) departments, authorities or services are maintained by the Federal Government in common with the Government of Brunei; or

(b) the Federal Government or any officer or authority thereof acts as agent for the Government of Brunei; or

(c) any part of the executive authority of the Federation is exercised, with the consent of the Federation Government, by any officer or authority of the Government of Brunei.

(2) (Repealed).”.

Article 159: Amendment of the Constitution

See Art. 159A.

Clause (1)

a. The words “and to Articles 161E and 161H” were inserted after “this Article” by Act 26/1963, section 70, in force from 16-09-1963.

b. Act 59/1966, section 2, in force from 09-08-1965, substituted “and to Article 161E” for “and to Articles 161E and 161H”.

Clause (2)

This Clause was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“(2) No amendments to this Constitution shall be made before Parliament is constituted in accordance with Part IV, except such as the Legislative Council may deem necessary to remove any difficulties in the transition from the constitutional arrangements in operation immediately before Merdeka Day to those provided for by this Constitution; but any law made in pursuance of this Clause shall, unless sooner repealed, cease to have effect at the expiration of a period of twelve months beginning with the day on which Parliament first meets.”.

Clause (3)

a. See Art. 62(3), 68(5) & 161E(1).

b. The words “and a Bill for making any amendment to a law passed under Clause (4) of Article 10” were inserted by Act A30, subsection 7(1), in force from 10-03-1971.

Clause (4)(a)

The words “Part III of the Second or to the” substituted for “the Second” by Act 26/1963, paragraph 24(1)(b), in force from 16-09-1963.

Clause (4)(bb)

a. Added by Act 14/1962, section 24, in force from 31-08-1957.

b. The words “subject to Article 161E” were inserted by Act 26/1963, section 70, in force from 16-09-1963.

c. See Art. 161E(1).

Clause (4)(c)

The words “incidental to or consequential on the repeal of a law made under Clause (2) or” were deleted after the words “any amendment” by Act A31, paragraph 7(a), in force from 24-03-1971.

Clause (5)

The words “Clause (4) of Article 10, any law passed thereunder, the provisions of Part III,” the figure “63(4)”, the figure “72(4), 152,” and the words “or to this Clause” were inserted by Act A30, subsection 7(2), in force from 10-03-1971.

Clause (6)

a. The words “and ‘State’ includes any territory” were added by Act 14/1962, section 24, in force from 31-08-1957.

b. The words “repeal; and in this Article and in Article 2(a) ‘State’ includes any territory” substituted for “repeal and ‘State’ includes any territory” by Act A31, paragraph 7(b), in force from 24-03-1971.

Article 159A: Operation of transitional provisions of Malaysia Act

1. Added by Act 26/1963, section 71, in force from 16-09-1963.

2. The words “Articles 159 and 161e” substituted for “Articles 159, 161E and 161H” by Act 59/1966, section 2, in force from 19-09-1966.

Article 160: Interpretation

See Art. 162(2).

Clause (2)

a. Definition of “Aborigine”:

Inserted by Act 26/1963, section 70, in force from 16-09-1963.

b. Definition of “Attorney General”:

Inserted by Act 26/1963, section 5, in force from 16-09-1963.

c. Definition of “borrow”:

The words “or by entering into any arrangement requiring the payment before the due date of any taxes, rates, royalties, fees or any other payments or by entering into any agreement whereby the Government has to repay or refund any benefits that it has enjoyed under that agreement” were inserted after the words “grant of annuities” by Act A31, paragraph 8(a), in force from 24-03-1971.

d. Definition of “casual vacancy”:

The words “arising in the Senate otherwise than by the expiry of the term of office of a member, or a vacancy” which appeared after the words “means a vacancy” were deleted by Act 31/1965, subsection 2(2), in force from 01-07-1965.

e. Definition of “Chief Minister” and “Menteri Besar”:

i. The present definition was inserted by Act 26/1963, section 5, in force from 16-09-1963.

ii. It was amended by Act 59/1966, section 2, in force from 09-08-1965, by the deletion of the words “(and in particular “Chief Minister” includes the Prime Minister in Singapore)” which appeared at the end. The original definition read as follows:

‘ “Chief Minister” includes Menteri Besar;’.

f. Definition of “Civil List”:

The words “Yang di-Pertua Negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

g. Definition of “Commonwealth country”:

The present definition was substituted by Act 31/1965, subsection 2(2), in force from 01-07-1965. The earlier definition, as it stood at the date of repeal, read as follows:

‘ “Commonwealth country” means the United Kingdom, Canada, Australia, New Zealand, India, Pakistan, Ceylon, Ghana, Nigeria, Cyprus, Sierra Leone, Tanganyika and any other country declared by Act of Parliament to be a Commonwealth country and “part of the Commonwealth” means any Commonwealth country, any colony, protectorate or protected state, or any other territory administered by the Government of any Commonwealth country;’.

h. Definition of “Executive Council”:

Inserted by Act 26/1963, section 5, in force from 16-09-1963.

i. Definition of “federal law”: See Art. 162(2).

j. Definition of “federal purposes”:

i. This definition was inserted by Act 25/1963, subsections 5(1) and (3), in force from 31-08-1957, and replaced the original definition which read as follows:

‘ “federal purposes” includes all purposes in connection with matters with respect to which Parliament has power to make laws otherwise than by virtue of Article 76;’.

ii. The words “of the Constitution” were deleted after “Article 76” by Act A31, paragraph 8(b), in force from 24-03-1971.

k. Definition of “Governor”:

i. Inserted by Act 26/1963, section 5, in force from 16-09-1963.

ii. Act 59/1966, section 2, in force from 09-08-1965, deleted the words “and the Yang di-Pertuan Negara in Singapore” which appeared at the end of the definition and corrected an error in the 1964 Reprint by substituting the words “Yang di-Pertua Negara in Sabah” for “Yang di-Pertuan Negara in Sabah.”

iii. Deleted by Act A354, section 41, in force from 27-08-1976. The earlier definition read as follows:

‘ “Governor” means the Head of State, by whatever style known, in a State not having a Ruler (and in particular includes the Yang di-Pertua Negara in Sabah);’.

l. Definition of “Legislative Assembly”:

The present definition was inserted by Act 26/1963, section 5, in force from 16-09-1963; and replaced the original definition which read as follows:

‘ “Legislative Assembly”, except in the Seventh and Eighth Schedules, includes a Council of State;’.

m. Definition of “Legislative Council”:

This definition was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

‘ “Legislative Council” means the Legislative Council continued under Article 164;’.

n. Definition of “Local rates”:

This definition was inserted by Act 26/1963, section 70, in force from 16-09-1963, and later repealed by Act 59/1966, section 2, in force from 09-08-1965 and read as follows:

‘ “Local rates”, in relation to Singapore, includes the property tax levied for local purposes by the State;’.

o. Definition of “Malay”:

i. The words “or in Singapore” which appear after “Federation” (in three places) in paragraph (a) were inserted by Act 26/1963, section 70, in force from 16-09-1963.

ii. The words “religion of Islam” substituted for “Muslim religion” by Act A354, section 45, in force from 27-08-1976.

p. Definition of “member of the administration”:

i. Inserted by Act 26/1963, section 5, in force from 16-09-1963.

ii. Amended by Act 19/1964, subsection 5(2), in force from 16-09-1963, by substituting the words “Assistant Minister, Parliamentary Secretary or Political Secretary” for “or Assistant Minister” and by deleting the words “and includes in Singapore political secretaries as well as parliamentary secretaries” which appeared at the end.

iii. The words “Deputy Minister” substituted for “Assistant Minister” by Act A31, subsection 10(1), in force from 24-03-1971.

q. Definition of “office of profit”:

i. The present definition was inserted by Act 26/1963, section 5, in force from 16-09-1963. The earlier definition, as it stood at the date of repeal, read as follows:

‘ “office of profit” means any whole-time office in any of the public services, and includes the office of the Chief Justice or other judge of the Supreme Court, Auditor General, member of the Election Commission or of any Commission to which Part X applies, and any other office declared by Act of Parliament to be an office of profit;’.

ii. 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.

iii. The words “Federal Court, of the Court of Appeal” substituted for “Supreme Court” by Act A885, paragraph 38(a), in force from 24-06-1994.

r. Definition of “public authority”:

i. The words “Federal Court and High Courts” substituted for “Supreme Court” by Act 26/1963, section 70, in force from 16-09-1963.

ii. The words “Yang di-Pertua Negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

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

iv. The words “Federal Court, the Court of Appeal” substituted for “Supreme Court” by Act A885, paragraph 38(b), in force from 24-06-1994.

s. Definition of “Rule Committee”:

This definition was repealed by Act 26/1963, section 70, in force from 16-09-1963 and read as follows:

‘ “Rule Committee” means the Rule Committee or other authority having power under written law to make rules or orders regulating the practice and procedure of the Supreme Court;’.

t. Definition of “State purposes”:

Inserted by Act 25/1963, subsections 5(1) and (3), in force from 31-08-1957.

u. Definition of “Yang di-Pertua Negeri”:

Inserted by Act A354, section 41, in force from 27-08-1976.

Clause 7

Inserted by Act 59/1966, section 2, in force from 09-08-1965.

Article 160A: Reprint of the Constitution

This new Article was inserted by A1130, section 11, in force from 28-09-2001.

Notes:

1. At the moment, the Federal Constitution is reprinted from time to time under the authority of the Commissioner of Law Revision pursuant to the Revision of Laws Act 1968 [Act 1]. In view of the status of the Federal Constitution as the supreme law of the Federation, it is only proper that specific provision for such reprint be included in the Constitution itself.

2. Any copy of a reprint of the Federal Constitution under the Revision of Laws Act 1968, which is deemed to be the authentic text of the Federal Constitution under that Act shall continue to be such authentic text until the coming into existence of copies of the Federal Constitution printed under Article 160A as inserted into the Federal Constitution by Act A1130.

Article 160B: Authoritative text

This new Article was inserted by Act A1130, section 12, in force from 28-09-2001, to enable the Yang di-Pertuan Agong to prescribe the national language translation of the Federal Constitution to be the authoritative text.

PART XIIA
ADDITIONAL PROTECTIONS FOR STATES OF SABAH AND SARAWAK

1. The heading “AND SINGAPORE” was deleted after the words “BORNEO STATES” by Act 59/1966, section 2, in force from 19-09-1966.

2. The words “STATES OF SABAH AND SARAWAK” substituted for “BORNEO STATES” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Article 161: Use of English and of native languages in States of Sabah and Sarawak

1. The present Article was inserted by Act 26/1963, section 61, in force from 16-09-1963.

2. The original Article was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“161. Except as otherwise expressly provided, this Constitution shall come into operation on Merdeka Day.”.

3. 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.

Clauses (2), (3), (4) & (5)

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 (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. 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.

Clause (4)

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.

Clauses (2)(b), (3) & (4)

The words “Sabah and Sarawak” and “Federal Court or the Court of Appeal” substituted respectively for “Borneo” and “Supreme Court” by Act A885, section 39, in force from 24-06-1994.

Note:

Clause (5) of Article 161 of the Constitution shall, in so far as it relates to the use of a native language in native courts or for any code of native law and customs, apply in the Federal Territory of Labuan in the like manner that it applies in the State of Sabah—See Act A585.

Article 161A: Special position of natives of States of Sabah and Sarawak

1. Added by Act 26/1963, section 62, in force from 16-09-1963.

2. See Art. 89(7).

Clauses (1), (2) & (3)

These Clauses were repealed by Act A30, paragraph 8(a), in force from 10-03-1971 and read as follows:

“(1) Subject to Clause (2), the provisions of Clauses (2) to (5) of Article 153, so far as they relate to the reservation of positions in the public service, shall apply in relation to natives of any of the Borneo States as they apply in relation to Malays.

(2) In a Borneo State Article 153 shall have effect with the substitution of references to natives of the State for the references to Malays, but as regards scholarships, exhibitions and other educational or training privileges and facilities Clause (2) of that Article shall not require the reservation of a fixed proportion for natives.

(3) Before advice is tendered to the Yang di-Pertuan Agong as to the exercise of his powers under Article 153 in relation to a Borneo State, the Chief Minister of the State in question shall be consulted.”.

Clause (4)

a. The words “with the changes made by Clause (2)” were deleted after the words “Article 153” by Act A30, paragraph 8(b), in force from 10-03-1971.

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 (5)

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.

3. 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.

Note:

The reference in Clause (6)(b) of Article 161a of the Constitution to “Sabah” shall be construed as including a reference to the Federal Territory of Labuan—See Act A585.

Article 161B: Restriction on extension to non-residents of right to practise before courts in States of Sabah and Sarawak

1. Added by Act 26/1963, section 63, in force from 16-09-1963.

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.

Clause (1)

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)

a. 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.

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. 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.

d. The words “Federal Court or the Court of Appeal” and “Sabah and Sarawak” substituted respectively for “Supreme Court” and “Borneo” by Act A885, section 40, in force from 24-06-1994.

Article 161C: (Muslim education in Borneo States—Repealed)

1. Added by Act 26/1963, section 64, in force from 16-09-1963.

2. This Article was repealed by Act A354, section 46, in force from 27-08-1976 and read as follows:

“161C. (1) No Act of Parliament which provides as respects a Borneo State for special financial aid for the establishment or maintenance of Muslim institutions or the instruction in the Muslim religion of persons professing that religion shall be passed without the consent of the Governor.

(2) Where under any provision of federal law not having effect as respects Sabah, or not having effect as respects Sarawak, any such aid as aforesaid is given by way of grant out of public funds in any year, there shall be paid by the Federation to the Government of Sabah or Sarawak, as the case may be, and applied for social welfare purposes in that State, amounts which bear to the revenue derived by the Federation from that State in the year the same proportion as the grant bears to the revenue derived by the Federation from other States in that year.

(3) For the purposes of Clause (2) the revenue derived by the Federation from any State or States shall be the amount after deduction of any sums assigned to States under Article 110 or the Tenth Schedule; and there shall be disregarded any contributions received by the Federation out of the proceeds of lotteries conducted by the Social and Welfare Services Lotteries Board together with any amounts applied to such aid as aforesaid out of or by reference to those contributions.”.

Article 161D: (Freedom of religion—Repealed)

1. Added by Act 26/1963, section 65, in force from 16-09-1963.

2. This Article was repealed by Act A354, section 46, in force from 27-08-1976 and read as follows:

“161D. Notwithstanding Clause (4) of Article 11, there may be included in the Constitution of a Borneo State provision that an enactment of the State Legislature controlling or restricting the propagation of any religious doctrine or belief among persons professing the Muslim religion shall not be passed unless it is agreed to in the Legislative Assembly on second or third reading or on both by a specified majority, not being a majority greater than two-thirds of the total number of members of the Assembly.”.

Article 161E: Safeguards for constitutional position of States of Sabah and Sarawak

1. Added by Act 26/1963, section 66, in force from 16-09-1963.

2. See Art. 159(1), (4)(bb) & 159A.

3. In the shoulder note and Clause (1), the words “States of Sabah and Sarawak” substituted for “Borneo States” and 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)

a. The words “Yang di-Pertua Negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

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 (2)(b)

The words “Sabah and Sarawak” substituted for “Borneo” by Act A885, section 41, in force from 24-06-1994.

Clauses (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.

Article 161F: (Use of unofficial languages in Singapore Assembly—Repealed)

This Article was repealed by Act 26/1963, section 67, in force from 16-09-1963, and was repealed by Act 59/1966, section 2, in force from 09-08-1965 which read as follows:

“161F. Notwithstanding anything in Article 152, until otherwise provided by enactment of the Legislature of Singapore, the English, Mandarin and Tamil languages may be used in the Legislative Assembly of Singapore, and the English language may be used for the authoritative texts of all Bills to be introduced or amendments thereto to be moved in that Assembly, and of all enactments of that Legislature, and of all subsidiary legislation issued by the government of Singapore.".

Article 161G: (Special position of Malays in Singapore—Repealed)

This Article was repealed by Act 26/1963, section 68, in force from 16-09-1963, and was repealed by Act 59/1966, section 2, in force from 09-08-1965 which read as follows:

"161G. Nothing in Clause (2) of Article 8 or Clause (1) of Article 12 shall prohibit or invalidate any provision of State law in Singapore for the advancement of Malays; but there shall be no reservation for Malays in accordance with Article 153 of positions in the public service to be filled by recruitment in Singapore, or of permits or licences for the operation of any trade or business in Singapore.".

Article 161H: (Safeguards for constitutional position of Singapore—Repealed)

This Article was repealed by Act 26/1963, section 69, in force from 16-09-1963, and was repealed by Act 59/1966, section 2, in force from 09-08-1965 which read as follows:

"161H. . (1) No amendment shall be made to the Constitution without the concurrence of the Governor if the amendment is such as to affect the operation of the Constitution in relation to Singapore as regards any of the following matters:

(a) citizenship of Singapore, and the restriction to citizens of Singapore of the right to be a member of either House of Parliament for or from Singapore, or to be a member of the Legislative Assembly of Singapore, or to vote at elections in Singapore;

(b) the constitution and jurisdiction of the High Court in Singapore and the appointment, removal and suspension of judges of that court;

(c) the matters with respect to which the Legislature of the State may (or Parliament may not) make laws, the executive authority of the State in those matters, the borrowing powers of the State and the financial arrangements between the Federation and the State;

(d) the discharge of functions of the Public Services Commission or of the Judicial and Legal Service Commission by a branch established for the State, and the constitution of any such branch;

(e) religion in the State, the use in the State or in Parliament of any language and the special position of the Malays in Singapore;

(f) the allocation to the State, in any Parliament summoned to meet before the end of August 1970, of a quota of members of the House of Representatives not less, in proportion to the total allocated to the other States which are members of the Federation on Malaysia Day, than the quota allocated to the State on that day.

(2) In this Article “amendment” includes addition and repeal.”.

PART XIII
TEMPORARY AND TRANSITIONAL PROVISIONS

See Art. 160(2), definitions of “Federal law” and “State law”.

Article 162: Existing laws

Clause (3)

The words “and to any officer holding office” substituted for “and of any officer holding office” by Act A31, section 9, in force from 24-03-1971.

Clause (4)

This Clause was repealed by Act 25/1963, section 8, in force from 29-08-1963, the repeal to be without prejudice to the operation of any order made under the Clause and read as follows:

“(4) The Yang di-Pertuan Agong may, within a period of two years beginning with Merdeka Day, by order make such modifications in any existing law, other than the Constitution of any State, as appear to him necessary or expedient for the purpose of bringing the provisions of that law into accord with the provisions of this Constitution; but before making any such order in relation to a law made by the Legislature of a State he shall consult the Government of that State.”.

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

This Article was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

"163. (1) The Emergency Regulations Ordinance 1948, and all subsidiary legislation made thereunder shall, if not sooner ended by a Proclamation under Clause (2), cease to have effect on the expiration of one year beginning with Merdeka Day or, if continued under this Article, on the expiration of a period of one year from the date on which it would have ceased to have effect but for the continuation or last continuation.

(2) The Yang di-Pertuan Agong may at any time repeal the said Ordinance and any subsidiary legislation made thereunder by a Proclamation declaring that the need for the Ordinance has ended.

(3) The said Ordinance and subsidiary legislation may be continued from time to time by a resolution of each House of Parliament.

(4) While the said Ordinance continues in force any subsidiary legislation which could have been made thereunder immediately before Merdeka Day may be validly made thereunder notwithstanding that it is inconsistent with any provision of this Constitution, and Parliament may, notwithstanding anything in this Constitution, by law amend or repeal any provision thereof.".

Article 164: (Temporary functions of Legislative Council—Repealed)

This Article was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

"164. (1) The Legislative Council established under the Federation of Malaya Agreement 1948, shall remain in being on and after Merdeka Day and shall not be dissolved before the first day of January, nineteen hundred and fifty-nine.

(2) If the Election Commission advises the Yang di-Pertuan Agong that it is not reasonably practicable to hold elections to Parliament in accordance with this Constitution before the first day of July, nineteen hundred and fifty-nine, the Yang di-Pertuan Agong may at any time after the first day of January, nineteen hundred and fifty-nine, by Proclamation continue the Legislative Council until such date, not being later than the end of that year, as may be specified in the Proclamation, and the Legislative Council shall continue accordingly and shall stand dissolved on that date.

(3) Until the dissolution of the Legislative Council Chapters 4 and 5 of Part IV shall not apply, and the powers of Parliament under this Constitution shall be exercisable by the Yang di-Pertuan Agong with the advice and consent of the Legislative Council; and accordingly, in relation to the period ending with the dissolution of the Legislative Council, references in this Constitution, other than references in Article 159, to Parliament, either or both Houses of Parliament and an Act of Parliament shall be construed respectively as references to the Yang di-Pertuan Agong with the advice and consent of the Legislative Council, the Legislative Council and an Ordinance enacted by the Yang di-Pertuan Agong with the advice and consent of that Council.

(4) Until the dissolution of the Legislative Council the provisions of the Federation of Malaya Agreement 1948, set out in the first column of the Twelfth Schedule shall continue in force, subject to the modifications set out in the second column of that Schedule and to the following further modifications, that is to say—

(a) for references to a Malay State or a Settlement there shall be substituted references to a State;

(b) for references to the High Commissioner there shall be substituted references to the Yang di-Pertuan Agong; and

(c) for references to the Federal Executive Council there shall be substituted references to the Cabinet,

and Article 61 shall apply with the necessary modifications.".

Article 165: (Temporary financial provisions—Repealed)

This Article was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

"165. (1) Subject to Clause (4), Part VII shall not come into operation until the first day of January nineteen hundred and fifty-nine, or such earlier date as may be provided by or under federal law.

(2) Until the coming into operation of Part VII, the provisions of Part XI of and the Third, Fourth and Fifth Schedules to the Federation of Malaya Agreement 1948, shall continue in force, but with the following modifications, that is to say—

(a) references to a Malay State or a Settlement shall be construed as references to a State;

(b) references to the High Commissioner and to the High Commissioner in Council shall be construed as references to the Yang di-Pertuan Agong;

(c) references to the Government of a Settlement shall be deleted; and

(d) references to a Settlement Council shall be construed as references to a Council of State.

(3) Until the coming into operation of Part VII, any moneys which under this Constitution (including Part VII) are charged on the Consolidated Fund shall be charged on the revenues of the Federation, and payment thereof shall be made by virtue of this Clause without further authority of federal law.

(4) Notwithstanding anything in Clause (1), the following provisions of Part VII shall come into operation on Merdeka Day, that is to say, Articles 96, 105 to 107 and 111.”.

Article 166: Succession to property

Clauses (1) & (2)

These Clauses were repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“(1) Subject to the provisions of this Article, all property and assets which immediately before Merdeka Day were vested in Her Majesty for the purposes of the Federation or of the colony or Settlement of Malacca or the colony or Settlement of Penang, shall on Merdeka Day vest in the Federation or the State of Malacca or the State of Penang, as the case may be.

(2) Any land in the State of Malacca or the State of Penang which immediately before Merdeka Day was vested in Her Majesty shall on that day vest in the State of Malacca or the State of Penang, as the case may be.”.

Clauses (4), (5), (6) & (7)

These Clauses were repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“(4) Any State land which, immediately before Merdeka Day, was occupied or used, without being reserved, by the Federation Government for purposes which become federal purposes on that day, shall on that day be reserved for those federal purposes.

(5) All property and assets which immediately before Merdeka Day were vested in the Federation Government or some other person on its behalf for purposes which on that day continue to be federal purposes, shall on that day vest in the Federation.

(6) Property and assets which immediately before Merdeka Day were vested in the Federation Government or some person on its behalf for purposes which on that day become purposes of any State shall on that day vest in that State.

(7) Property and assets other than land which immediately before Merdeka Day were used by a State for purposes which on that day become federal purposes shall on that day vest in the Federation.”.

Article 167: Rights, liabilities and obligations

Clauses (1), (2), (3), (4) & (5)

These Clauses were repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“167. (1) Subject to the provisions of this Article, all rights, liabilities and obligations of—

(a) Her Majesty in respect of the government of the Federation; and

(b) the Government of the Federation or any public officer on behalf of the Government of the Federation,

shall on and after Merdeka Day be the rights, liabilities and obligations of the Federation.

(2) Subject to the provisions of this Article, all rights, liabilities and obligations of—

(a) Her Majesty in respect of the government of Malacca or the government of Penang,

(b) His Highness the Ruler in respect of the government of any State, and

(c) the Government of any State,

shall on and after Merdeka Day be the rights, liabilities and obligations of the respective States.

(3) All rights, liabilities and obligations relating to any matter which was immediately before Merdeka Day the responsibility of the Federation Government but which on that date becomes the responsibility of the Government of a State, shall on that day devolve upon that State.

(4) All rights, liabilities and obligations relating to any matter which was immediately before Merdeka Day the responsibility of the Government of a State but which on that day becomes the responsibility of the Federal Government, shall on that day devolve upon the Federation.

(5) In this Article, rights, liabilities and obligations include rights, liabilities and obligations arising from contract or otherwise, other than rights to which Article 166 applies.”.

Article 168: (Legal proceedings—Repealed)

This Article was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“168. (1) Subject to the provisions of this Article, any legal proceedings pending in any court immediately before Merdeka Day in which Her Majesty or any servant of Her Majesty is a party in respect of the colony or Settlement of Malacca or the colony or Settlement of Penang shall continue on and after Merdeka Day with the State of Malacca or the State of Penang, as the case may be, substituted as a party.

(2) Subject to the provisions of this Article, any legal proceedings pending in any court immediately before Merdeka Day in which the Federation Government or a State Government or any officer of either Government is a party shall continue on and after Merdeka Day with the Federation or, as the case may be, the State substituted as a party.

(3) Any legal proceedings pending in any court immediately before Merdeka Day in which the Federation Government or any officer thereof is a party shall, if the subject matter falls within the executive authority of a State, be continued on and after that day with that State substituted as a party.

(4) Any legal proceedings pending in any court immediately before Merdeka Day in which a State or any officer thereof is a party shall, if the subject matter falls within the executive authority of the Federation, be continued on and after that day with the Federation substituted as a party.

(5) The Attorney General shall, on the application of any party to any proceedings referred to in this Article, certify whether the Federation or a State is in accordance with this Article to be substituted as a party in those proceedings, and any such certificate shall, for the purpose of those proceedings, be final and binding on all courts, but shall not operate to prejudice the rights and obligations of the Federation and any State as between themselves.”.

Article 169: International agreements, etc., made before Merdeka Day

1. Added by Act 26/1963, section 41, in force from 16-09-1963.

2. The words “and to Singapore” which appeared after the words “Borneo States” were deleted by Act 59/1966, section 2, in force from 09-08-1965.

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

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

This Article was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“170. (1) Subject to the provisions of this Article, any person who, immediately before Merdeka Day, was qualified to make application for registration as a citizen of the Federation under Clause 126 of the Federation of Malaya Agreement, 1948, shall be entitled, upon making application to the registration authority within the period of one year beginning with that day, to be registered as a citizen.

(2) A person who has absented himself from the Federation for a continuous period of five years within the ten years immediately preceding his application under this Article shall not be entitled to be registered thereunder unless it is certified by the Federal Government that he has maintained substantial connection with the Federation during that period.

(3) This Article shall be construed as one with Part III; and Articles 18 and 26 shall apply in relation to registration under this Article, and to persons registered as citizens thereunder, as they apply in relation to registration under Article 16 and to persons registered under that Article.”.

Article 171: (Constituencies for first elections—Repealed)

1. This Article was repealed by Act 25/1963, section 8, in force from 29-08-1963, the repeal to be without prejudice to the operation of any law referring to the number of constituencies specified in Clause (2). It read as follows:

“171. (1) Article 116 shall not apply to the first election to the House of Representatives, but for that election the Federation shall be divided into constituencies by dividing into two constituencies each of the constituencies delimited for the purpose of elections to the Legislative Council under the Federation of Malaya Agreement, 1948.

(2) The number of constituencies for the purpose of the first elections to be held after Merdeka Day to the Legislative Assemblies of the several States shall be as set out in the following Table, and those constituencies shall be delimited by dividing the constituencies delimited for the purpose of the first election to the House of Representatives.

Table
Johore	32
Kedah	24
Kelantan	24
Malacca	20
Negeri Sembilan	24
Pahang	24
Penang	24
Perak	40
Perlis	12
Selangor	28
Terengganu	24

2. See Eighth Schedule, subsection 21(1).

Article 172: (Existing courts—Repealed)

This Article was repealed by Act 25/1963, section 8, in force from 29-08-1963, the repeal to be without prejudice to the continuance of any court referred to in the Article. It read as follows:

“172. The Supreme Court in existence immediately before Merdeka Day shall be the Supreme Court for the purposes of this Constitution; and, without prejudice to the generality of Article 162, any other court then exercising jurisdiction and functions shall, until federal law otherwise provides, continue to exercise them.”.

Article 173: (Pending appeals to Privy Council—Repealed)

This Article was repealed by Act 25/1963, section 8, in force from 29-08-1963. It read as follows:

“173. Any appeal or application for leave to appeal from the Supreme Court to Her Majesty in Council which is pending immediately before Merdeka Day shall on and after Merdeka Day be treated as an appeal or application for leave to appeal under Article 131.”.

Article 174: (Judicial appointments and Attorney General—Repealed)

This Article was repealed by Act 26/1963, section 70, in force from 16-09-1963 and read as follows:

“174. (1) The Chief Justice and other judges of the Supreme Court holding office immediately before Merdeka Day shall, notwithstanding anything in Article 123, be the Chief Justice and the other judges of the Supreme Court on that day and shall hold office on terms and conditions not less favourable than those applicable to them immediately before that day.

(2) The person holding the office of Attorney General immediately before Merdeka Day shall continue to hold that office on terms and conditions not less favourable than those applicable to him immediately before Merdeka Day and shall, notwithstanding anything in Article 123, be qualified for appointment as a judge of the Supreme Court.

(3) A person who immediately before Merdeka Day was a member of the judicial and legal service of the Federation and would be qualified for appointment as a judge of the Supreme Court if he were a citizen shall be so qualified notwithstanding that he is not a citizen.

(4) A person may, within a period of ten years beginning with Merdeka Day, be appointed to be a judge of the Supreme Court notwithstanding that he is not qualified for appointment under Article 123 if he is and has been for not less than five years qualified to practise as an advocate in a court in any Commonwealth country having unlimited jurisdiction in civil or criminal matters; and a person appointed by virtue of this Clause may be appointed for a fixed period (whether expiring before or after he attains the age of sixty-five).

(5) Without prejudice to the generality of Article 162, nothing in Part IX shall be taken to affect the provisions of the existing law relating to the sitting in the Supreme Court of judges from countries outside the Federation.”.

PART XIV
SAVING FOR RULERS' SOVEREIGNTY, ETC.

Article 181: Saving for Rulers’ sovereignty, etc.

Clause (2)

a. See Article 160(2) definition of “Ruler”.

b. See Federal Statute Law Revision (Suit Against the Ruling Houses) Act 1966 [Act 8/1966].

c. The words “except in the Special Court established under Part XV” were inserted after the word “capacity” by Act A848, section 7, in force from 30-03-1993.

PART XV
PROCEEDINGS AGAINST THE YANG Dl-PERTUAN AGONG AND THE RULERS

Inserted by Act A848, section 7A, in force from 30-03-1993.

Note:

No proceedings whatsoever shall be brought in any court or in the Special Court against the Yang di-Pertuan Agong or the Ruler of a State in his personal capacity in respect of anything done or omitted to be done by him before the coming into force of the Constitution (Amendment) Act 1993—See Section 8 of Act A848.

Article 182: The Special Court

Clause (1)

The words “Chief Justice of the Federal Court”, “Judges” and “Federal” substituted respectively for “Lord President of the Supreme Court”, “Justices” and “Supreme” by Act A885, paragraph 42(a), in force from 24-06-1994.

Clauses (4) & (5)

The word “Federal” substituted for “Supreme” by Act A885, paragraph 42(b), in force from 24-06-1994.

Clause (7)

The words “Chief Justice” substituted for “Lord President” by Act A885, paragraph 42(c), in force from 24-06-1994.

SCHEDULES

FIRST SCHEDULE
[Articles 18(1), 19(9)]
Oath of Applications For Registration Or Naturalization

The words “faithful and bear true allegiance to His Majesty the Yang di-Pertuan Agong and be a true, loyal and faithful citizen of the Federation” substituted for “a true, loyal and faithful citizen of the Federation, and will give due obedience to all lawfully constituted authorities in the Federation” by Act 14/1962, section 26, in force from 01-10-1962.

SECOND SCHEDULE
[Article 39]
Citizenship

PART I
[Article 14(1)(a)]

CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN BEFORE MALAYSIA DAY

1. Added by Act 26/1963, subsection 24(1), in force from 16-09-1963.

2. Heading amended by Act 59/1966, section 2, in force from 09-08-1965, by the deletion of the words “, other than Singapore citizens” which appeared at the end.

Section 2

The words “the State of Sabah or Sarawak” substituted for “a Borneo State” and “States of Sabah and Sarawak” substituted for “Borneo States” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

3. See Part. III, sections 19A-19C.

PART II
[Article 14(1)(b)]

CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN ON OR AFTER MALAYSIA DAY

1. Added by Act 26/1963, subsection 24(1), in force from 16-09-1963.

2. Act 59/1966, section 2, in force from 09-08-1965, deleted the following references to Singapore and Singapore citizens:

(a) Heading—the words “, OTHER THAN SINGAPORE citizens” which appeared at the end thereof;

(b) Sections 1(a) and (e)—the words “outside Singapore” which appeared after “within the Federation”;

(c) Section 1(a)—the words “, but not a Singapore citizen,” which appeared after “either a citizen”;

(d) Sections 1(b),(c) and (d)—the words “, but not a Singapore citizen,” which appeared after “of the birth a citizen”;

(e) Section 2(2)—the words “or Singapore” which appeared at the end. The words “the States of Sabah and Sarawak” substituted for “the Borneo States” by Act A354, section 43, in force from 27-08-1976.

3. See Part III, section 19A-19C.

Section 1

a. Subsections (a) & (d): See subsection 2(1).

b. Subsection (b): See subsection 2(2).

c. Subsection (c): See subsection 2(3).

d. Subsection (e): See subsections 2(1) & (3).

PART III
[Article 31]

SUPPLEMENTARY PROVISIONS RELATING TO CITIZENSHIP

The Minister

1. Numbered as such by Act 26/1963, paragraph 24(1)(a), in force from 16-09-1963, which also inserted the words “of this Constitution” after “Part III” wherever occurring in the Part. The sections affected are 1, 2, 4, 6, 10(1)(d), 16(1)(a), 19, 20(1), (2), (3) and 21.

2. See Art. 159(4)(a).

Section 2

See note on previous page.

(The Registration Authority—Repealed)

The heading “The Registration Authority” which appeared above section 3 was deleted by Act 10/1960, paragraph 33(a), in force from 01-12-1960.

Section 3

This section was repealed by Act 10/1960, paragraph 33(b), in force from 01-12-1960 and read as follows:

“3. For the purposes of Part III and this Schedule the Election Commission shall be the registration authority.”.

Section 4

1. The present section was substituted by Act 10/1960, paragraph 33(c), in force from 01-12-1960. It has been amended as follows:

(a) by Act 14/1962, subsection 27(1), in force from 01-10-1962, which substituted the words “or this Schedule relating to citizenship by registration and the keeping of registers, and, in relations to orders under paragraph (c) of Clause (1) of Article 25 or under Article 26, any of his functions under Article 27 prior to determining whether to make such an order” for “of this Schedule”;

(b) by Act 26/1963, subsection 33(3), in force from 16-09-1963, which renumbered the section as “4. (1)” and added subsections (2) and (3);

(c) by Act 59/1966, section 2, in force from 09-08-1965, which deleted the words “or of Singapore” which appeared in subsection (2) after “Borneo State”;

(d) subsection (1): The words “Yang di-Pertuan Negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976;

(e) subsection (2): The words “Yang di-Pertua Negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976 and “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. The original section 4 read as follows:

“4. The registration authority may delegate to any officers, or, with the consent of the Yang di-Pertuan Agong or of the Ruler or Governor of any State, to any officer of the Federal Government or of the Government of that State, any of its functions under Part III or this Schedule; but any person aggrieved by the decision of a person to whom functions of the authority are so delegated may appeal to the authority.”.

3. The following delegations have been made:

(a) under subsection (1):

L.N. (N.S) 114/1957, 10-12/1958, 22-27/1958, 29/1958, 37-38/1958, 47-51/1958, 56/1958, 135-140/1958, 233-235/1958, 255-256/1958, 72/1959;

(b) under subsection (2): L.N. 39/1964.

Subsection 4(3)

Art. 19A referred to in this subsection has been repealed.

Section 5

This section which read as follows was repealed by Act 10/1960, paragraph 33(d), in force from 01-12-1960:

“5. Any person aggrieved by a decision of the registration authority may appeal to the Supreme Court on a point of law, but except as aforesaid a decision of the registration authority under Part III shall not be subject to appeal or review in any court.”.

Functions of Minister

3. The words “and registration authority” which appeared in the heading above section 6 were deleted by Act 10/1960, paragraph 33(e), in force from 01-12-1960.

Section 6

1. The present section was substituted by Act 10/1960, paragraph 33(f), in force from 01-12-1960.

2. Act 26/1963, subsection 33(3), in force from 16-09-1963, deleted the words “and this Schedule” which appeared at the end. The original section read as follows:

“6. Subject to federal law, the Minister and the registration authority may make rules and prescribe forms for the purpose of the exercise of their respective functions under Part III and this Schedule.”.

3. See paragraph 16(1)(c).

4. See Citizenship Rules 1964, in L.N. 82/1964 as amended by L.N. 346/1964, 44/1965, 369/1966, 426/1966.

Section 7

The present section was added by Act 26/1963, subsection 33(3), in force from 16-09-1963, and replaced the earlier section which read as follows:

“7. The power of the Federal Government under paragraph (d) of Clause (1) of Article 14 to allow a longer period for the registration of a birth may be exercised either before or after the registration has been effected.”.

Section 8

This section which read as follows was repealed by Act 10/1960, paragraph 33(g), in force from 01-12-1960:

“8. Where a certificate of naturalization is granted under Article 19 or Article 20, the Minister shall transmit a copy of the certificate to the registration authority.”.

Section 9

See section 18.

Section 10

1. The present section was substituted by Act 10/1960, paragraph 33(h), in force from 01-12-1960. It has been amended as follows:

(a) by Act 26/1963, subsection 33(3), in force from 16-09-1963 which—

(i) inserted the words “Clause (1) of” before “Article 30” in paragraph (1)(c);

(ii) substituted paragraph (1)(e) and (f) in substitution for paragraph (e) which read as follows:

“(e) an alphabetical index of all persons referred to in paragraphs (a), (b), (c) and (d) of this subsection.”;

(iii) substituted subsection (2) for the earlier subsection which read as follows:

“(2) For the purposes of this section—

“citizen by registration” includes a citizen to whom any paragraph (other than paragraph (c)) of Clause (1) of Article 28 applies and a citizen by registration under Article 170;

“citizen by naturalization” includes a citizen to whom paragraph (c) of Clause (1) of Article 28 applies.”.

(b) by Act 59/1966, section 2, in force from 09-08-1965, which—

(i) repealed and substituted the words “paragraphs (a) to (d)” for “paragraphs (a) to (e)” in paragraph (1)(f). Paragraph (1)(e) read as follows:

“(e) a register of persons enrolled under Article 19A as citizens who are not Singapore citizens:”;

(ii) substituted, in subsection (2), the words “Article 28” for “Articles 28 and 28A” and the words “that Article applies” for “those Articles apply”;

(iii) repealed, in the subsection (2), the words “, except that ‘citizen by registration’ does not include any Singapore citizen”.

2. See section 11.

Subsections (1)(e) & (2)

See note on previous page.

Section 11

1. The words “Minister” substituted for “registration authority” and “authority”, and the word “he” which appears after “section 10” substituted for “it” by Act 14/1962, section 32, in force from 01-12-1960.

2. See section 12.

Sections 13, 14 & 15

These sections were deleted by Act 10/1960, paragraph 33(i), in force from 01-12-1960 and read as follows:

“13. For the purpose of determining any question of fact proof of which is needed for a claim by any person to be a citizen by operation of law, or for registration as a citizen, the registration authority shall be entitled to put such questions to that person, or any other person, as it may consider necessary; and unless the authority has reason to doubt the correctness of the answer to any such question, the answer shall be accepted as correct.

14. Without prejudice to section 13, where any person states that he has attained a specified age, that statement shall, unless the registration authority or the Minister, as the case may be, has reason to doubt its correctness, be accepted as correct notwithstanding that that person cannot specify the date of his birth; and any person who claims to be of legitimate birth shall be treated as of such birth unless the registration authority or the Minister, as the case may be, has reason to suppose that he is of illegitimate birth.

15. Where the registration authority is satisfied of all matters required by Article 17 for the purposes of an application for registration under that Article, they shall give notice to that effect to the Minister; and unless within such period as may be prescribed by rules made by the Minister for the purposes of this section the Minister otherwise directs, the authority shall register the applicant accordingly.”.

Offences

Section 16

The original section was substituted by Act 10/1960, paragraph 33(j), in force from 01-12-1960 and read as follows:

“16. It shall be an offence punishable with imprisonment for two years or a fine of one thousand dollars or both for any person knowingly to make any false statement with a view to inducing the registration authority or the Minister to grant or refuse any application under Part III including any application to determine whether the applicant is a citizen by operation of law.”.

Subsection 16(1)

The word “ringgit” substituted for “dollars” by Act 160, section 2, in force from 29-08-1975.

Subsection 16(2)

1. The present subsection (2) was substituted by Act 26/1963, subsection 33(3), in force from 16-09-1963. The earlier subsection (2) read as follows:

“(2) In this section “certificate” means—

(a) any certificate of registration as a citizen granted under Article 15, 16, 17 or 170;

(b) any certificate of registration of a birth at a Malayan Consulate under paragraph (d) of Clause (1) of Article 14;

(c) any certificate of naturalization granted under Article 19 or 20;

(d) any certificate of citizenship issued under Article 30.”.

2. The words “or under the Constitution of the State of Singapore or any previous law relating to citizenship of Singapore” which appeared after “this Constitution” were deleted by Act 59/1966, section 2, in force from 09-08-1965.

Interpretation

Section 17

This section which was substituted by Act 26/1963, subsection 33(3), in force from 16-09-1963, replaced an earlier section which read as follows:

“17. In relation to a person who is illegitimate, Articles 14 and 15 shall have effect as if for references to his father, and Clause (2)(c) of Article 14 as if for references to either of his parents, there were substituted references to his mother and as if section 19 of this Schedule were omitted; and references in Article 15 and this Schedule to his parent shall be construed accordingly.”.

Section 18

The words “Clause (3) of” were inserted by Act 26/1963, subsection 33(3), in force from 16-09-1963, which also substituted the words “that Clause and section 9 of this Part of this Schedule” for “that Article and this Schedule”.

Section 19

1. The last sentence was added by Act 26/1963, subsection 33(3), in force from 16-09-1963.

2. See section 17.

Sections 19A, 19B & 19C

Added by Act 26/1963, subsection 24(2), in force from 16-09-1963.

Section 20

1. The present section was substituted by Act 14/1962, subsection 27(2), in force from 01-10-1962. The original section read as follows:

“20. In calculating for the purposes of Part III a period of residence in the Federation—

(a) a period of absence from the Federation of less than six months;

(b) a period of absence from the Federation for the purposes of education of such kind, in such country and for such time, as may from time to time be either generally or specially approved by the Minister; and

(c) a period of absence from the Federation for reasons of health or any other cause prescribed generally or specially by the Minister, shall be treated as residence in the Federation; and for the purposes of Part III a person shall be deemed to be resident in the Federation on a particular day if he had been resident in the Federation before that day and that day is included in any such period of absence as aforesaid.”.

2. Subsections (1)(d) & (3): See subsection 20(4).

3. Subsection 20(4)

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

(b) The words “or Singapore” which appeared after “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.

Section 21

The words “consulate of the Federation” substituted for “Malayan consulate” by Act 26/1963, subsection 33(3), in force from 16-09-1963.

Section 22

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

THIRD SCHEDULE
[Articles 32 and 33]
Election of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong

See Art. 160(2) definition of “Ruler”.

Heading

The words “Timbalan Yang di-Pertuan Agong” substituted for “Deputy Supreme Head” by Act A354, section 11, in force from 27-08-1976.

PART I
ELECTION OF YANG DI-PERTUAN AGONG

Section 2

See section 3.

Section 4

See section 2.

Paragraph 4(1)(a)

The words “Their Royal Highnesses” substituted for “Their Highnesses” by Act A31, section 2, in force from 24-03-1971.

Subsection 4(3)

See section 10.

PART II
ELECTION OF TIMBALAN YANG DI-PERTUAN AGONG

In the heading, the words “TIMBALAN YANG DI-PERTUAN AGONG” substituted for “DEPUTY SUPREME HEAD” by Act A354, section 11, in force from 27-08-1976.

Sections 5, 6 & 7

The words “Timbalan Yang di-Pertuan Agong” substituted for “Deputy Supreme Head” by Act A354, section 11, in force from 27-08-1976.

PART IV
GENERAL

Section 9

This section was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“9. An election held in accordance with this Schedule before Merdeka Day shall be valid and shall take effect on that day.”

FOURTH SCHEDULE
[Article 37]
Oaths of Office of Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong

PART I
OATH OF YANG DI-PERTUAN AGONG

The word “Malaysia” substituted for “Persekutuan Tanah Melayu” in Parts I by Act 26/1963, section 70, in force from 16-09-1963.

PART II
OATH OF TIMBALAN YANG DI-PERTUAN AGONG

The word “Malaysia” substituted for “Persekutuan Tanah Melayu” in Parts II by Act 26/1963, section 70, in force from 16-09-1963.

PART III
ENGLISH TRANSLATIONS

1. The word “Malaysia” substituted for “the Federation of Malaya” in Part III by Act 26/1963, section 70, in force from 16-09-1963.

2. The words “religion of Islam” substituted for “Muslim Religion” by Act A354, section 45, in force from 27-08-1976.

FIFTH SCHEDULE
[Article 38(1)]
The Conference of Rulers

See Art. 160(2) definition of “Ruler”.

Sections 1 & 7

The words “States not having a Ruler” substituted for “Malacca and Penang” by Act 26/1963, section 6, in force from 16-09-1963.

Section 1

a. The words “Their Royal Highnesses” substituted for “Their Highnesses” by Act A31, section 2, in force from 24-03-1971.

b. 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.

Section 2

a. The words “His Royal Highness” substituted for “His Highness” by Act A31, section 2, in force from 24-03-1971.

b. The words “Yang di-Pertua Negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

Section 3

See section 4.

Section 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.

Section 7

1. 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.

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.

3. The words “Their Royal Highnesses” substituted for “Their Highnesses” by Act A31, section 2, in force from 24-03-1971.

SIXTH SCHEDULE
[Articles 43(6), 43B(4), 57(1A)(a), 59(1), 124, 142(6)]
Forms of Oaths and Affirmations

1. The note which appears after paragraph 1 was added by Act 26/1963, section 70, in force from 16-09-1963, which also substituted the word “Malaysia” for “the Federation of Malaya” in paragraphs 1 and 2.

2. See Art. 159(4)(a) & 160(4).

3. In the note to paragraph 1, the words “Federal Court, other than the Chief Justice, a judge of the Court of Appeal or of a High Court, or a judicial commissioner” substituted for “Supreme Court, other than the Lord President, or a judge of a High Court” and the words “or any other” deleted by Act A885, section 43, in force from 24-06-1994.

SEVENTH SCHEDULE
[Article 45]
Election of Senators

(PART I—Repealed)

See Art. 54(3) & 159(4)(a).

Subsection 1(1)

This subsection was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“1. (1) As soon as may be after the dissolution of the Legislative Council the Yang di-Pertuan Agong shall give notice to the Ruler or Governor of each State that an election of Senators is required and the Ruler or Governor shall require the Legislative Assembly to elect Senators as soon as may be.”.

Subsection 1(2)

1. See section 5.

2. The words “Yang di-Pertua Negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

Subsection 2(1)

See section 3.

Section 5

The words “, but the failure to hold an election under section 1(2) as soon as may be shall not of itself invalidate the election of any Senator” were inserted by Act 31/1965, subsection 2(2), in force from 01-07-1965.

(PART II—Repealed)

Sections 6 & 7

1. These sections were repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“6. The term of office of one of the two Senators elected at the first election held in accordance with the provisions of this Schedule shall be three years, and the Senator whose term is six years shall, if both receive the same number of votes, be determined by lot and shall otherwise be the one who receives the greater number of votes.

7. Of the persons first appointed to be Senators eight shall be appointed for a term of three years.”.

2. The headings “Election and Retirement of Senators” and “PART I” were deleted by Act A1130, paragraph 13(a), in force from 28-09-2001.

3. The heading of “Election of Senators” substituted for the heading “ELECTION OF SENATORS” by Act A1130, paragraph 13(b), in force from 28-09-2001.

4. Part II was deleted by Act A1130, paragraph 13(c), in force from 28-09-2001.

EIGHTH SCHEDULE
[Article 71]
Provisions to be Inserted in State Constitutions

See Art. 160(2) definitions of “Enactment” and “Legislative Assembly”.

PART I
FINAL PROVISIONS

See Art. 71(4), (5) & Eighth Schedule, sections 22 & 23.

Ruler to act on advice

Subsection 1(2)

See section 22.

Paragraph 1(2)(c)

The words “Their Royal Highnesses” substituted for “Their Highnesses” by Act A31, section 2, in force from 24-03-1971.

Paragraph 1(2)(d)

The words “religion of Islam” substituted for “Muslim religion” by Act A354, section 45, in force from 27-08-1976.

Subsection 1(1A)

Inserted by Act A885, paragraph 44(a), in force from 24-06-1994.

Proceedings against the Ruler

Section 1A

Added by Act A848, section 9, in force from 30-03-1993.

The Executive Council

Subsection 2(1)

See Art. 71(5) & Eighth Schedule, section 20.

Paragraph 2(2)(b)

The word “ten” substituted for “eight” by Act A919, subparagraph 2(a)(i), in force from 21-07-1995.

Subsection 2(4)

See section 22.

Legislature of the State

Section 3

The words “namely, the” which appear after the words “one House” substituted for “to be known as the Dewan Negeri” by Act 26/1963, section 70, in force from 16-09-1963.

Composition of Legislative Assembly

Subsection 4(1)

1. The words “and, until other provision is so made, the number of members shall be the number specified in Article 171 of the Federal Constitution” which appeared at the end of the section were deleted by Act 26/1963, section 70, in force from 16-09-1963.

2. See Art. 71(5), Eighth Schedule sections 19(5) & 21.

Subsection 4(2)

This subsection was added by Act 14/1962, paragraph 28(a), in force from 21-06-1962, and was repealed by Act A584, paragraph (4)(a), in force from 16-12-1983. It read as follows:

“(2) The number of elected members of the Legislative Assembly shall be the same as or a multiple of the number of the Federal constituencies into which the State is divided under Article 116 of the Federal Constitution.”.

Disqualification for membership of Legislative Assembly

Section 6

See sections 5 & 21(2).

Paragraph 6(1)(e)

(a) The present paragraph was substituted by Act 14/1962, paragraph 28(b), in force from 21-06-1962. The original paragraph read as follows:

“(e) he has been convicted of an offence by a court of law in the Federation and sentenced to imprisonment for a term of not less than two years and has not received a free pardon;”.

(b) The words “(or, before Malaysia Day, in the territories comprised in the Borneo States or in Singapore)” were inserted by Act 26/1963, section 70, in force from 16-09-1963.

(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 word “ringgit” substituted for “dollars” by Act 160, subsection 2(2), in force from 29-08-1975.

Subsection 6(2)

The words “or the date on which the fine mentioned in the said paragraph (e) was imposed” were inserted by Act 14/1962, paragraph 28(c), in force from 21-06-1962.

Subsections 6(3) & (4)

Inserted by Act A566, paragraph 21(a), in force from 16-12-1983.

Subsection 6(5)

Inserted by Act A767, section 6, in force from 11-05-1990.

Decision as to disqualification

Section 8

Proviso added by Act 26/1963, subsection 11(2), in force from 16-09-1963.

Subsection 8(1)

Renumbered by Act A566, paragraph 21(b), in force from 16-12-1983.

Subsection 8(2)

Inserted by Act A566, paragraph 21(b), in force from 16-12-1983.

Summoning, prorogation and dissolution of Legislative Assembly

Subsection 9(3)

Section 4 of Act 27/1968, in force from 09-09-1968, read as follows:

“4. Notwithstanding the provisions of section 9(3) of the Eighth Schedule it is provided that in the case of Sarawak, the Council Negri existing at the commencement of this Act shall not be subject to the prescribed period of five years for it to stand dissolved but shall stand dissolved on the date on which the federal Parliament is next dissolved or next stands dissolved after the date of commencement of this Act.”.

Subsection 9(4)

1. The words “in the States of Malaya and ninety days in the Borneo States” were inserted by Act 59/1966, section 2, in force from 19-09-1966. The Act also substituted the words “one hundred and twenty days” for “ninety days”.

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

3. The words “in the States of Malaya and ninety days in the States of Sabah and Sarawak” were deleted by Act A585, paragraph 27(a), in force from 14-04-1984.

Subsection 9(5)

1. The words “or in the case of the Legislative Assembly of each of the Borneo States within ninety days” were inserted by Act 59/1966, section 2, in force from 19-09-1966.

2. The words “is established that there is a vacancy” substituted for “occurs” by Act 26/1963, subsection 11(2), in force from 16-09-1963.

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

4. The proviso was inserted by Act A1, section 3, in force from 18-11-1968.

5. The words “or in the case of each of the Legislative Assembly of each of the States of Sabah and Sarawak within ninety days” were deleted by Act A585, paragraph 27(b), in force from 14-04-1984.

6. The words “by the Election Commission” were inserted after the words “it is established” by Act A585, paragraph 27(c), in force from 14-04-1984.

7. The proviso was substituted by Act A857, section 4, in force from 20-08-1993. The previous proviso read as follows:

“Provided that if 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

Section 10

See section 23.

Subsections 10(1), 10(1A), 10(1B) & 10(2)

The present subsections was substituted by Act A919, subparagraph 2(a)(ii), in force from 21-07-1995. The original subsections 10(1) and (2) before amendment read as follows:

“10. (1) The Legislative Assembly shall from time to time choose one of its members to be 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 shall vacate his office on ceasing to be a member of the Legislative Assembly or upon being disqualified under subsection (4), and may at any time resign his office.”.

Subsection 10(3)

The word “other” was deleted by Act A919, subparagraph (2)(a)(iii), in force from 21-07-1995.

Subsections 10(4) & 10(5)

Added by Act A514, paragraph 16(b), in force from 15-05-1981.

Exercise of legislative power

Subsections 11(3) & 11(4)

(a) These subsections were substituted by Act A566, paragraph 21(c), in force from 16-12-1983 and read as follows:

“(3) A Bill shall become law on being assented to by the Ruler. If for any reason whatsoever the Bill is not assented to within fifteen days of the Bill being presented to the Ruler, he shall be deemed to have assented to the Bill and the Bill shall accordingly become law.

(4) No law shall come into force until it has been published, without prejudice, however, to the power of the Legislature to postpone the operation of any law or to make laws with retrospective effect.”.

(b) Act A584, paragraphs 4(b) and (c), in force from 20-01-1984, restored the original subsection (3) as it was before the amendment made by Act A566 as it now appears and repealed subsection (4).

Subsections 11(2A) & 11(2B)

Inserted by Act A885, subparagraph 44(b)(i), in force from 24-06-1994.

Subsection 11(3)

The words “Ruler or as provided in subsection (2B)” substituted for “Ruler,” by Act A885, subparagraph 44(b)(ii), in force from 24-06-1994.

FINANCIAL PROVISIONS

Annual financial statement

Subsection 14(3)

See sections 15, 17(3) & 22.

Paragraph 14(3)(c)

1. Inserted by Act 19/1964, section 8, in force from 30-07-1964.

2. The words “federal or” substituted by Act 31/1965, subsection 2(2), in force from 01-07-1965.

3. The words “Islamic religious revenue” substituted for “Muslim revenue” by Act A354, section 45, in force from 27-08-1976.

Withdrawals from the Consolidated Fund

Subsection 17(3)

The words “(a), (b) and (c)” substituted for “(a) and (b)” by Act 31/1965, subsection 2(2), in force from 01-07-1965.

AMENDMENT OF THE CONSTITUTION

Amendment of the Constitution

Subsections 19(2) & 19(3)

See section 22.

Subsection 19(5)

Paragraph 19(5)(aa) inserted by Act A193, section 6, in force from 05-05-1973.

Subsection 19(6)

See section 22.

PROVISIONS IN RESPECT OF YANG DI-PERTUA NEGERI IN RELATION TO THE STATES OF MALACCA, PENANG, SABAH AND SARAWAK

Sections 19A, 19B, 19C & 19D

1. Inserted by Act A354, section 47, in force from 27-08-1976.

2. In subsection 19D(1), the word “Judge” substituted for “Justice” by Act A885, paragraph 44(c), in force from 24-06-1994.

PART II
TEMPORARY PROVISIONS ALTERNATIVE TO PROVISIONS IN PART I

See Art. 71(5) & Eighth Schedule, section 22.

The Executive Council (alternative to section 2)

Subsection 20(2)(b)

The word “ten” substituted for “eight” by Act A919, paragraph 2(b), in force from 21-07-1995.

Subsection 20(3)

Art. 17 which is referred to in this subsection has been repealed.

Subsection 20(4)

See section 22.

Composition of Legislative Assembly (alternative to section 4)

Section 21

1. See paragraph 19(5)(a).

2. Art. 171 which is referred to in subsection (1) has been repealed.

PART III
MODIFICATIONS OF PARTS I AND II IN RELATION TO MALACCA AND PENANG

Section 22

1. The words “and Chief Minister” which appeared after “Governor”, “respectively” which appeared after “shall be substituted” and “and the Menteri Besar” which appeared after “Ruler” were deleted by Act 26/1963, section 70, in force from 16-09-1963.

2. The words “Yang di-Pertua Negeri” substituted for “Governor” by Act A354, section 42, in force from 27-08-1976.

3. The words “section 1a” were inserted after the words “section 1(2),” by Act A849, section 3, in force from 16-07-1993.

Section 23

Added by Act 26/1963, subsection 12(3), in force from 16-09-1963.

Subsection 23(1)

1. The word “and” substituted for the comma following the word “Sabah” and the words “and Singapore” were deleted by Act 59/1966, section 2, in force from 09-08-1965.

2. The words “except for the modifications of section 10 stated in subsection (2) of this section” were deleted by Act A919, subparagraph 2(c)(i), in force from 21-07-1995.

3. Subsection 23(1) renumbered as section 23 by Act A919, subparagraph 2(c)(ii), in force from 21-07-1995.

Subsection 23(2)

Deleted by Act A919, subparagraph 2(c)(iii), in force from 21-07-1995. The original subsection 23(2) before amendment read as follows:

‘(2) Section 10 in its application to the State of Sabah or Sarawak may be modified by the substitution for the words “one of its members to be Speaker” in subsection (1) of the words “as Speaker such person as the Assembly may determine”, by the omission of the word “other” in subsection (3), and by the addition of a subsection (4)—

“(4) A person shall not be chosen to be Speaker, unless he is a member or qualified to be a member of the Legislative Assembly, and the Speaker, whether a member or not, shall vacate his office on the dissolution of the Assembly, and may at any time resign his office.”.’.

NINTH SCHEDULE
[Articles 74, 77]
Legislative Lists

List I—Federal List

See Art. 74(1), 76A(1), 79(1), 95B(1) & (3).

Item 1(h)

The word “Malaysia” substituted for “Malaya” by Act 26/1963, section 70, in force from 16-09-1963.

Item 4(a)

The words “Syariah Courts” substituted for “Muslim Courts” by Act A354, section 45, in force from 27-08-1976.

Item 4(e)(ii)

1. The word “legitimacy” was inserted by Act 31/1965, subsection 2(2), in force from 01-07-1965.

2. The word “Islamic” substituted for “Muslim” by Act A354, section 44, in force from 27-08-1976.

Item 4(h) & (i)

The words “or dealt with by federal law” which appear at the end were inserted by Act 25/1963, paragraph 6(1)(a), in force from 29-08-1963.

Item 4(k)

1. The words “and other personal laws” were inserted by Act 26/1963, section 70, in force from 16-09-1963.

2. The words “Islamic law” substituted for “Muslim law” by Act A354, section 45, in force from 27-08-1976.

Item 6(e)

1. The original paragraph read as follows:

“(e) Local Government and town planning in, and water supply to the federal capital;”.

2. Act A206, section 11, in force from 01-02-1974 substituted the original paragraph for the following:

“(e) Government and administration of the Federal Territory including Islamic Law therein to the same extend as provided in item 1 in the State List.”.

3. Subsequently this paragraph was substituted by Act A585, section 20, in force from 16-04-1984.

4. This paragraph was again amended by Act A1095, subparagraph 20(a)(i), in force from 01-02-2001 by substituting the words “Kuala Lumpur, Labuan and Putrajaya” for “Kuala Lumpur and Labuan”.

Item 7(f) & (g)

See Art 108(4)(f).

Item 7(i)

The words “or dealt with by federal law” were inserted by Act 25/1963, paragraph 6(1)(a), in force from 29-08-1963.

Item 8(c)

The words “bounties on production” in the last subject substituted for “bounties and production” by Act 25/1963, subsection 6(2), in force from 29-08-1963.

Item 8(j)

The words “Subject to item 2(c) in the State List” at the commencement were inserted by Act 26/1963, section 70, in force from 16-09-1963.

Item 11(b)

The words “Water supplies, rivers and canals, except those wholly within one State or” at the commencement substituted for “Inter-State water supplies and rivers and canals so far as not” by Act 26/1963, section 70, in force from 16-09-1963.

Item 12

The words “Islamic law” substituted for “Muslim law” by Act A354, section 45, in force from 27-08-1976.

Item 14

See List IIIA, item 18.

Item 15(c)

The words “Wakafs” substituted for “Muslim Wakafs” by Act A354, section 45, in force from 27-08-1976.

Item 24

This Item which read as follows was deleted by Act A704, paragraph 12(a), in force from 10-06-1988:

“24. Federal housing and improvement trusts.”.

Item 25A

Inserted by Act A885, section 45, in force from 24-06-1994.

Item 26

1. Inserted by Act A354, paragraph 48(1)(a), in force from 01-01-1976.

2. The word “Subject” substituted for “Except with respect to Sabah and Sarawak, and subject” by Act A514, paragraph 17(a), in force from 15-05-1981.

Item 27

1. Inserted by Act A566, section 22, in force from 01-02-1974.

2. The words “and in the case of the Federal Territory of Labuan, the matters enumerated in items 15, 16 and 17 of the Supplement to State List for States of Sabah and Sarawak” were inserted after the word “List” by Act A585, section 20, in force from 16-04-1984.

3. Subsequently the words “to the Federal Territories” substituted for “to the Federal Territory” by Act A1095, subparagraph 20(a)(ii), in force from 01-02-2001.

List II—State List

See Art. 74(2), 76(1), 79(1), 80(2), 95B(1)(b) & (3).

Item 1

1. The word “adoption,” in line four was inserted by Act 31/1965, subsection 2(2), in force from 01-07-1965.

2. The words “Except with respect to the Federal Territory,” were inserted at the beginning by Act A206, section 11, in force from 01-02-1974.

3. The words “Islamic” substituted for “Muslim”, “Islamic law” substituted for “Muslim law”, “religion of Islam” substituted for “Muslim religion”, “Wakafs” substituted for “Muslim Wakafs”, “Islamic religious revenue” substituted for “Muslim revenue”, and “Syariah courts” substituted for “Muslim courts” by Act A354, sections 44 and 45, in force from 27-08-1976.

Item 2

The words “Except with respect to the Federal Territory,” were inserted at the beginning before the words “Land, including” by Act A206, section 11, in force from 01-02-1974.

Item 2(b)

1. The words “or, in the Borneo States, native reservations” were added by Act 26/1963, section 70, in force from 16-09-1963.

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

Item 3

The words “Except with respect to the Federal Territory,” were inserted at the beginning before the words “Agriculture and forestry” by Act A206, section 11, in force from 01-02-1974.

Item 4

The words “Federal Territory” substituted for “federal capital” by Act A206, section 11, in force from 01-02-1974.

Items 1, 2, 3, 4 & 5

1. The words “Territories of Kuala Lumpur and Labuan” substituted for “Territory” by Act A585, section 20, in force from 16-04-1984.

2. Subsequently, the words “Kuala Lumpur, Labuan and Putrajaya” substituted for “Kuala Lumpur and Labuan” by Act A1095, paragraph 20(b), in force from 01-02-2001.

Item 4(c)

This Item which read as follows was deleted by Act A704, paragraph 12(b), in force from 10-06-1988:

“(c) Housing and provision for housing accommodation, improvement trusts.”.

Item 5

The words “Except with respect to the Federal Territory,” were inserted at the beginning before the words “other services” by Act A206, section 11, in force from 01-02-1974.

Item 5(a)

1. This Item which read as follows was deleted by Act A354, paragraph 48(1)(b), in force from 01-01-1976:

“(a) Fire brigades, except in the federal capital;”.

2. This paragraph was amended by deleting “, except in the federal capital” by Act A206, section 11, in force from 01-02-1974.

Item 5(f)

See List 1, Item 23.

Item 6(c)

1. The words “Subject to the Federal List, water (including water supplies, rivers and canals)” at the commencement substituted for “Water, subject to the Federal List, water supplies and canals” by Act 26/1963, section 70, in force from 16-09-1963.

2. This item was substituted by Act A1239, paragraph 4(a), in force from 21-03-2005. The earlier item read as follows:

“(c) Subject to the Federal List, water (including water supplies, rivers and canals); control of silt, riparian rights.”.

Item 7(f)

The words “or dealt with by State law” were inserted by Act 25/1963, paragraph 6(1)(b), in force from 29-08-1963.

Items 9, 10 & 11

The words “or dealt with by State law” were inserted by Act 25/1963, paragraph 6(1)(b), in force from 29-08-1963, and paragraph 6(1)(c) inserted the words “proof of State law and of things done thereunder, and proof of any matter for purposes of State law” at the end of item 9.

Item 12A

Inserted by Act A704, paragraph 12(c), in force from 10-06-1988.

List IIA—Supplement to State List for States of Sabah and Sarawak
[Article 95B(1)(a)]

Inserted by Act 26/1963, section 36, in force from 16-09-1963.

Item 13

The word “legitimacy,” in line 2 was inserted by Act 31/1965, subsection 2(2), in force from 01-07-1965.

Heading

The words “States of Sabah and Sarawak” substituted for “Borneo States” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Item 17

This Item was repealed by Act A704, paragraph 12(d), in force from 10-06-1988 and read as follows:

“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.”.

Item 19

This Item which read as follows was inserted by Act A354, paragraph 48(1)(c), in force from 01-01-1976 and deleted by Act A514, paragraph 17(b), in force from 15-05-1981:

“19. Prevention and extinguishment of fire, including fire services and fire brigades.”.

Item 20

Inserted by Act A1239, paragraph 4(b), in force from 21-03-2005.

List IIB—Supplement to State List for Singapore (Repealed)

This list was inserted by Act 26/1963, section 36, in force from 16-09-1963, and repealed by Act 59/1966, section 2, in force from 09-08-1965 and read as follows:

“List IIB—Supplement to State List for Singapore

13. Education, including the matters specified in items 13(a) and (b) of the Federal List.

14. Medicine and health, including the matters specified in items 14(a) to (d) of the Federal List.

15. Labour and social security, including the matters specified in items 15(a) and (b), but not those specified in item 15(c) of the Federal List.

16. Pensions, gratuities and other like allowances, and compensation for loss of office, in respect of service under the State (including any government service in the State before Malaysia Day).

17. Factories; boilers and machinery; dangerous trades; dangerous and inflammable substances.

18. Electricity; gas and gas works.

19. Itinerant hawkers.”.

List III—Concurrent List

See Art. 74(1), 74(2), 76a(3), 79(1), 80(2), 82, 95b(1) & 95b(2).

Item 9A

1. Inserted by Act A354, paragraph 48(1)(d), in force from 01-01-1976.

2. The word “Fire” substituted for “Except with respect to Sabah and Sarawak, fire” by Act A514, paragraph 17(c), in force from 15-05-1981.

Items 9B & 9C

Inserted by Act A704, paragraph 12(e), in force from 10-06-1988.

Item 9D & 9E

Inserted by Act A1239, paragraph 4(c), in force from 21-03-2005.

List IIIA—Supplement to Concurrent List for States of Sabah and Sarawak
[Article 95B(1)(b)]

Added by Act 26/1963, section 36, in force from 16-09-1963.

Heading

The words “States of Sabah and Sarawak” substituted for “Borneo States” by Act A514, paragraph 19(1)(b), in force from 27-08-1976.

Item 10

The words “legitimacy” in line two was inserted by Act 31/1965, subsection 2(2), in force from 01-07-1965.

(List IIIB—Supplement to Concurrent List for Singapore (Repealed))

This list was inserted by Act 26/1963, section 36, in force from 16-09-1963 and repealed by Act 59/1966, section 2, in force from 09-08-1965. It read as follows.

“List IIIB—Supplement to Concurrent List for Singapore

10. Personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession testate or intestate.

11. Loans to, or borrowing by, the State or statutory authorities exercising powers vested in them by the State law in Singapore.

12. (a) Production, supply and distribution of goods, but not bounties on production; price control and food control; adulteration of foodstuffs and other goods;

(b) Imports into, and exports from, the Federation, but not bounties on export;

(c) Insurance, including compulsory insurance;

(d) Auctions and auctioneers;

(e) Industries; regulation of industrial undertakings;

(f) Banking; money-lending; pawnbrokers.

13. Shipping and navigation, including the matters specified in items 9(a), (b), (c), (e) and (f) of the Federal List.

14. Professional occupations other than those specifically enumerated in the Federal List.

15. Unincorporated societies.

16. 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.

17. Newspapers; publications; publishers; printing and printing presses.

18. Censorship.

19. Theatres; cinemas; cinematograph films; places of public amusement.

20. Until the end of August 1968, and thereafter until Parliament with the concurrence of the State government otherwise provides, elections to the Legislative Assembly.”.

TENTH SCHEDULE
[Articles 109, 112C, 161C(3)*]
Grants and Sources of Revenue Assigned to States

PART I
CAPITATION GRANT

See Art. 109(1)(a).

Subsection 1(1)

(a) This subsection was substituted by Act A392, section 2, in force from 01-01-1976. The original subsection read as follows:

“1. (1) The capitation grant payable to each State in respect of a financial year shall be at the following rates—

(a) for the first 50,000 persons at the rate of $15 per person;

(b) for the next 200,000 persons at the rate of $10 per person;

(c) for the remainder at the rate of $4 per person,

and shall be based on the population of the State as determined at the last census taken before the beginning of the preceding financial year.”.

(b) The words “and shall be based on the annual population projections of the State as determined by the Federal Government and calculated as of the last population census:

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” were substituted for “and shall be based on the population of the State as determined at the last census taken before the beginning of the preceding financial year.” by Act A514, paragraph 18(a), in force from 15-05-1981.

(c) Paragraphs (a), (b), (c) and (d) which read as follows were substituted by Act 503, section 2, in force from 01-01-1992:

“(a) for the first 100,000 persons at the rate of $20 per person;

(b) for the next 150,000 persons at the rate of $10 per person;

(c) for the next 250,000 persons at the rate of $6 per person;

(d) for the remainder at the rate of $3 per person,”.

(d) Paragraphs (a), (b), (c) and (d) which read as follows were substituted by Act 622, section 2, force from 01-01-2002:

“(a) for the first 50,000 persons at the rate of RM60.00 per person;

(b) for the next 500,000 persons at the rate of RM8.50 per person;

(c) for the next 500,000 persons at the rate of RM9.00 per person;

(d) for the remainder at the rate of RM9.50 per person,”.

Subsection 1(2)

This subsection which read as follows was repealed by Act 25/1963, section 8, in force from 29-08-1965:

“(2) Notwithstanding subsection (1), if a capitation grant falls to be made in respect of a financial year beginning before the first day of January, nineteen hundred and fifty-nine, it shall be based on the population of the State as determined at the census taken in the year nineteen hundred and fifty-seven.”.

PART II
STATE ROAD GRANT

See Art. 109(1)(b).

Section 2

1. The words “each of the States of Malaya” substituted for “each State” by Act 26/1963, paragraph 51(a), in force from 16-09-1963.

2. See section 3, 4 & 6(2).

Paragraph 2(2)(a)

1. The words “to a State” which appear after the words “average cost” were inserted by Act 25/1963, subsection 7(1), in force from 01-01-1958.

2. The words “State roads in those States” substituted for “such roads” by Act 26/1963, paragraph 51(a), in force from 16-09-1963.

3. The words “including the cost of repairing and maintaining any bridges, viaducts or culverts forming part thereof or connected therewith,” which appear after the words “State road” were inserted by Act 59/1966, section 2, in force from 01-01-1963.

4. The words “, including the cost of repairing and maintaining any bridges, viaducts or culverts forming part thereof or connected therewith,” were deleted after the words “State road” by Act A514, paragraph 18(b), in force from 15-05-1981.

Section 3

1. The word “throughout the States of Malaya” substituted for “throughout the Federation” by Act 26/1963, paragraph 51(b), in force from 16-09-1963.

2. See subsection 6(2).

3. This section was substituted by Act A514, paragraph 18(c), in force from 15-05-1981. The earlier section read as follows:

“3. For the purposes of section 2 the mileage of State roads in a State shall be taken to be that mileage as on the thirty-first day of December of the basis year, and the average mentioned in paragraph (a) of that section shall be taken to be average throughout the States of Malaya in the basis year.”.

Section 4

1. The present section was substituted by Act 59/1966, section 2, in force from 01-01-1963, and replaced the original section which read as follows:

“4. A length of State road qualifies for grant if it is actually maintained by the Public Works Department of the State at or above the minimum standard mentioned in section 2(a); except that any length not qualifying for grant in the preceding financial year qualifies for grant only if the Federal Government has agreed to its so qualifying.”.

2. See subsection 6(2).

3. The words “except that any length not qualifying for grant in the preceding financial year qualifies for grant only if the Federal Government has agreed to its so qualifying” were deleted after the words “qualify for grant” in the present section by Act A514, paragraph 18(d), in force from 15-05-1981.

Section 5

1. The words “public road other than a federal road, and any other road other than a federal road to which the public has access” substituted for “road other than a federal road” by Act 14/1962, section 29, in force from 21-06-1962.

2. See subsection 6(2).

3. This section was substituted by Act A514, paragraph 18(e), in force from 15-05-1981. The earlier section read as follows:

“5. In this Part of this Schedule—

(a) “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;

(b) “basis year” means the financial year beginning two years earlier than the financial year in respect of which the grant is made.”.

Section 6

Added by Act 26/1963, subsection 45(2), in force from 16-09-1963.

Subsection 6(2)(a)

Substituted by Act A514, paragraph 18(f), in force from 15-05-1981. The earlier subsection read as follows:

“(a) the average cost and minimum standard mentioned in section 2(a) shall be respectively the average in the State and the minimum standard determined for State roads in the State;”.

PART III
SOURCES OF REVENUE ASSIGNED TO STATES

See Art. 110.

Items 1, 3, 4, 5, 6, 7, 8, 12 & 14

see Art.110(2).

Item 3

The words “water supplies and services,” were inserted after the words “connected with” by Act A1239, subparagraph 5(a)(i), in force from 31-01-2007.

Item 8

Substituted by Act A1239 subparagraph 5(a)(ii), in force from 31-01-2007. The original item read as follows:

“Receipts in respect of water supplies including water rates.”.

Item 13

The words “Islamic religious revenue” substituted for “Muslim revenue” by Act A354, section 45, in force from 27-08-1976.

PART IV
SPECIAL GRANTS TO STATES OF SABAH AND SARAWAK

1. Added by Act 26/1963, subsection 45(1), in force from 16-09-1963.

2. See Art. 112C(1)(a), (2) & 112D(1).

Sections 1 & 2

See Art. 112D(1).

PART V
ADDITIONAL SOURCES OF REVENUE ASSIGNED TO STATES OF SABAH AND SARAWAK

1. Added by Act 26/1963, subsection 45(1), in force from 16-09-1963.

2. See Art. 112C(1)(b), (2) & 112D(5).

Sections 1 & 2

See section 4.

Section 3

See Art. 112C(2), section 4.

Section 4

See Art. 112C(2) & 112D(5).

Sections 5, 6, 7 & 8

See Art. 112D(5).

Items 9 & 10

Added by Act A1239, paragraph 5(b), in force from 21-03-2005.

ELEVENTH SCHEDULE
[Article 160(1)]
Provisions of the Interpretation and General Clauses Ordinance 1948
(Malayan Union Ordinance No. 7 of 1948), Applied for Interpretation of the Constitution

Section 13

Inserted by Act 14/1962, section 30, in force from 31-08-1957.

Section 21

This section was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“21. Exercise of statutory powers between enactment and commencement of Ordinance or Enactment—

When an Ordinance or Enactment which is not to come into operation immediately on the passing thereof confers power to make any appointment or to make subsidiary legislation, or to issue notifications, or to prescribe forms or to do any other thing for the purposes of the Ordinance or Enactment, such power may, unless the contrary intention appears, be exercised at any time after the passing of the Ordinance or Enactment, subject to the restriction that any appointment, instrument, notification or thing made, granted, issued, given or done under such power shall not, unless the contrary intention appears in the Ordinance or Enactment, or the appointment, instrument, notification or thing is necessary for bringing the Ordinance or Enactment into operation, have any effect until the Ordinance or Enactment comes into operation.”.

Section 23

Inserted by Act 26/1963, section 70, in force from 16-09-1963.

Section 33C

Inserted by Act 31/1965, subsection 2(1), in force from 16-09-1963.

Section 35

This section was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

“35. Time of commencement—

Where any written law, or any part of a written law, or any instrument or notification made thereunder, is expressed to come into operation on a particular day, it shall, unless it be otherwise expressly provided, be construed as coming into operation immediately on the expiration of the day next preceding such day.”.

Section 39

Inserted by Act A857, section 5, in force from 20-08-1993.

Section 46

This section was deleted by Act A1130, section 14, in force from 28-09-2001 and read as follows:

“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
Provisions of the Federation of Malaya Agreement, 1948
as Applied to the Legislative Council after Merdeka Day
(Repealed)

This Schedule was repealed by Act 25/1963, section 8, in force from 29-08-1963 and read as follows:

"TWELFTH SCHEDULE

PROVISIONS OF THE FEDERATION OF MALAYA AGREEMENT, 1948 AS APPLIED TO THE LEGISLATIVE COUNCIL AFTER MERDEKA DAY

Provisions of the Agreement	Modifications
Clause 36	In subclause (2) the words “two ex officio members” shall be omitted and for the word “thirty-three” the words “thirty-five” shall be substituted.
Clause 36A	In subclauses (1) and (3) the words “with the concurrence of Their Highnesses the Rulers” shall be omitted.
Clause 38	For the words after “Malay States” the words “and the two Chief Ministers of Malacca and Penang” shall be substituted.
Clause 39	For the word “eight”, the word “ten” shall be substituted.
Clause 40	The words from “who the High Commissioner” to “proceedings of the Council” in subclause (1) and the words from “and who the High Commissioner” to “proceedings of the Council” in subclause (2) shall be omitted.
Clause 40A	In subclause (1) the words from “and who are able” to the end of the subclause shall be omitted. In subclause (2) for the words “from time to time in force in the Federation” the words “in force in the Federation immediately before Merdeka Day” shall be substituted.
Clause 41	—
Subclauses (2) and (3) of Clause 41A	In subclause (3) the words “who is not entitled to be so registered under the provisions of Clause 41B of this Agreement or” shall be omitted.
Clause 41C	—
Clause 42, other than subclause (3) thereof	—
Clause 43	In subclause (1) the words “ex officio or” and paragraphs (a), (b) and (c) shall be omitted. In subclause (5) for the words from “of a Malay State” to “of any Settlement” the words “or Chief Minister of a State” shall be substituted; and for the words from “such other Member” to the end of the subclause the words “such other person as the Menteri Besar or Chief Minister may nominate” shall be substituted.
Clause 43A, other than subclause (3) thereof	—
Clause 45A	—
Clause 46	—
Clause 51	The words “and Their Highnesses the Rulers of the Malay States” and the proviso shall be omitted.
Clause 53	—
Clause 54, other than subclauses (2) and (6) thereof	In subclause (1) the words “the assent of Their Highnesses the Rulers and either” and all the words after “High Commissioner” to the end of the subclause shall be omitted. In subclause (3) the words from “according to” to “Secretary of State” and the words after “refuses to assent thereto” shall be omitted. In subclause (5) the words “and Their Highnesses the Rulers” shall be omitted.
Clause 56	The words “the rights of His Majesty, His Heirs and Successors, or” shall be ommitted.
Clause 57	For the words “and Their Highnesses the Rulers for their assent” the words “for his assent” shall be substituted.
Clause 58	—
Clause 59	—
Clause 60	—
Clause 61, other than subclause (4) thereof	In subclause (1) the words “with the assent of Their Highnesses the Rulers” shall be omitted. In subclause (2) after the words “at any time” the words “after the first day of January, 1959” shall be inserted.
Clause 61A	—
Subclause (1) of Clause 62	—
Clause 64	—
In the First Schedule, Form IV	—
Seventh Schedule	— ”.

THIRTEENTH SCHEDULE
[Articles 113, 116, 117]
Provisions relating to delimitation of Constituencies

PART I
DECLARATION OF AND PRINCIPLES RELATING TO THE DELIMITATION OF CONSTITUENCIES

1. This Schedule was added by Act 14/1962, section 31, in force from 21-06-1962.

Section 1

The words “those first used for elections to the House or Assembly, as the case may be, pursuant to this Constitution or the Malaysia Act” substituted for “those used for the first election to the House or Assembly, as the case may be, pursuant to the provisions of Article 171” by Act 26/1963, section 70, in force from 16-09-1963.

Section 2

The words “any unit of review” substituted for “the Federation and the States” by Act 26/1963, section 70, in force from 16-09-1963.

Paragraph 2(a)

The words “and regard ought to be had to the inconveniences of State constituencies crossing the boundaries of federal constituencies” were added by Act 26/1963, section 70, in force from 16-09-1963.

Paragraph 2(c)

1. The words “throughout the unit of review” were inserted after “approximately equal” by Act 26/1963, section 70, in force from 16-09-1963.

2. The words “the number of electors within each constituency in a State ought to be approximately equal” substituted for “the number of electors within each constituency ought to be approximately equal throughout the unit of review” by Act A206, subsection 15(1), in force from 23-08-1973.

Paragraph 2(d)

The words “and to the maintenance of local ties” substituted for “and of any local ties which may be broken by such alterations” by Act 26/1963, section 70, in force from 16-09-1963.

Section 3A

1. This section was inserted by Act A206, subsection 15(2), in force from 23-08-1973.

2. 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, section 20, in force from 16-04-1984.

3. The words “, the Federal Territory of Labuan and the Federal Territory of Putrajaya” substituted for “or the Federal of Labuan, as the case may be,” by Act A1095, section 21, in force from 01-02-2001.

PART II
PROCEDURE FOR DELIMITATION OF CONSTITUENCIES

Section 6

The word “Act” substituted for “Ordinance” by Act 1, subsection 14(2).

Section 8

See section 9.

Paragraph 8(a)

The words “each unit of review” which appear in lines one and two substituted for “the Federation and each State” by Act 26/1963, section 70, in force from 16-09-1963.

Section 9

See sections 10 & 11.

Sections 10 & 11

See Art. 62(3).

Section 12

1. The words “to the House of Representatives or a Legislative Assembly until the next dissolution of Parliament or the Assembly, as the case may be, occurring on or after that date” substituted for “until a proclamation is issued by the Yang di-Pertuan Agong under Article 55 summoning a new Parliament” by Act 26/1963, section 70, in force from 16-09-1963.

2. See section 9.

External links

• Federal Constitution as at 1 November 2010