Page:Agreement relating to Malaysia (1963).djvu/96

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five years from the date of his appointment or for such shorter period as may be specified in the instrument by which he is appointed.

(5) If the Chief Minister, or the Chairman of the Commission after consulting with the Chief Minister, represents to the Yang di-Pertua Negara that a member of the Commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the Yang di-Pertua Negara shall appoint a tribunal in accordance with clause (6) and shall refer the representation to it ; and, if the tribunal so recommends, the Yang di-Pertua Negara shall remove that member from office by writing under his hand.

(6) A tribunal appointed under clause (5) shall consist of not less than three persons who hold or have held office as Judge of the Federal Court or of any High Court in the Federation or, if it appears to the Yang di-Pertua Negara expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Commonwealth.

(7) A tribunal appointed under clause (5) shall regulate its own procedure and may make rules for that purpose.

(8) Where a representation has been made to the Yang di-Pertua Negara under clause (5), he may on the recommendation of the Chief Minister suspend the member concerned from the exercise of his functions pending the report of the tribunal on that representation.

(9) Where, during any period, a member of the Commission has been granted leave of absence by the Yang di-Pertua Negara or is unable, owing to his absence from the State, illness or any other cause, to discharge his functions as such a member, the Yang di-Pertua Negara may appoint as a temporary member of the Commission to exercise his functions during that period, any person who would be qualified to be appointed in his place ; and the appointment of any such temporary member shall be made in the same manner as that of any other member of the Commission.

(10) Before exercising the functions of his office every member of the Commission shall take and subscribe before the Chief Justice or some other Judge of the High Court the oath in the form set out in Part IV of the Schedule.

(11) Members of the Commission shall be paid such remuneration as the Legislature may by law provide, and such remuneration shall be a charge on and paid out of the Consolidated Fund.

(12) Subject to the provisions of this Constitution, the terms of service of the members of the Commission—

(a) shall be such as the Legislature may by law prescribe ; and

(b) in so far as they are not so prescribed, shall be determined by the Yang di-Pertua Negara.

(13) The remuneration and other terms of service of any member of the Commission shall not be altered to his disadvantage after his appointment.

No. 10760