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Constitution of Malaysia
PART I - THE STATES, RELIGION AND LAW OF
THE FEDERATION
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'%( The Federation shall be known, in Malay and in English, by the name
Malaysia.
')( The States of the Federation shall be Johore, Kedah, Kelantan, Malacca,
Negeri Sembilan, ahang, enang, erak, erlis, Sabah, Sarawak, Selangor and
Trenggan!.
'*( S!b"ect to #la!se $%&, the territories of each of the States mentioned in #la!se
$'& are the territories com(rised therein immediately before Malaysia )ay.
'+( The territory of the State of Selangor shall e*cl!de the Federal Territory of
K!ala +!m(!r established !nder the #onstit!tion $,mendment& $No. '& ,ct -./0
and the territory of the State of Sabah shall e*cl!de the Federal Territory of
+ab!an established !nder the #onstit!tion $,mendment& $no. '& ,ct -.1%, and
both the said Federal Territories shall be territories of the Federation.
Artil! nu"#!r$ )
)&arliament may by law 2
'a( admit other States to the Federation3
'#( alter the bo!ndaries of any State, b!t a law altering the bo!ndaries of a State
shall not be (assed witho!t the consent of that State $e*(ressed by a law made by
the +egislat!re of that State& and of the #onference of 4!lers.
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'%( 5slam is the religion of the Federation3 b!t other religions may be (ractised in
the 7ead of the religion of 5slam in his State in the manner and to the e*tent
acknowledged and declared by the #onstit!tion, all rights, (ri6ileges, (rerogati6es
and (owers en"oyed by him as 7ead of that religion, are !naffected and
!nim(aired3 b!t in any acts, obser6ance or ceremonies with res(ect to which the
#onference of 4!lers has agreed that they sho!ld e*tend to the Federation as a
whole each of the other 4!lers shall in his ca(acity of 7ead of the religion of
5slam a!thori8e the 9ang di2(ert!an ,gong to re(resent him.
'*(& The #onstit!tion of the States of Malacca, enang, Sabah and Sarawak shall
each make (ro6ision for conferring on the 9ang di2ert!an ,gong shall be 7ead
of the religion of 5slam in that State.
'+( Nothing in this ,rticle derogates from any other (ro6ision of this #onstit!tion.
shall be the 7ead of the religion of 5slam in the Federal Territories of K!ala
+!m(!r and +ab!an3 and for this (!r(ose arliament may by law make (ro6isions
for reg!lating 5slamic religio!s affairs and for constit!ting a #o!ncil to ad6ise the
9ang di2ert!an ,gong in matters relating to the religion of 5slam.
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'%( This #onstit!tion is the s!(reme law of the Federation and any law (assed
after Merdeka )ay which is inconsistent with this #onstit!tion shall, to the e*tent
of the inconsistency, be 6oid.
')( The 6alidity of any law shall not be :!estioned on the gro!nd that 2
'a( it im(oses restrictions on the right mentioned in ,rticle . $'& b!t does
o
not relate to the matters mentioned therein3 or
'#( it im(oses s!ch restrictions as are mentioned in ,rticle -; $'& b!t those
o
restrictions were not deemed necessary or e*(edient by arliament for the
(!r(oses mentioned in that ,rticle.
'*( The 6alidity of any law made by arliament or the +egislat!re of any State
shall not be :!estioned on the gro!nd that it makes (ro6ision with res(ect to any
matter with res(ect to which arliament or, as the case may be, the +egislat!re of
the State has no (ower to make laws, e*ce(t in (roceedings for a declaration that
the law is in6alid on that gro!nd or 2
'a( if the law was made by arliament, in (roceedings between the
o
Federation and one or more States3
'#( if the law was made by +egislat!re of a State, in (roceedings between
o
the Federation and that State.
'+( roceedings for a declaration that a law is in6alid on the gro!nd mentioned in
#la!se $0& $not being (roceedings falling within (aragra(h $a& or $b& of the #la!se&
shall not be commenced witho!t the lea6e of a "!dge of the S!(reme #o!rt3 and
the Federation shall be entitled to be a (arty to any s!ch (roceedings, and so shall
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any State that wo!ld or might be a (arty to (roceedings bro!ght for the same
(!r(ose !nder (aragra(h $a& or $b& of the #la!se.
<o back to the contents (age of the Malaysian #onstit!tion
PART II - F-NDAMENTAL LI.ERTIES
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'%( No (erson shall be de(ri6ed of his life or (ersonal liberty sa6e in accordance
with law.
')( =here com(laint is made to a 7igh co!rt or any "!dge thereof that a (erson is
being !nlawf!lly detained the co!rt shall in:!ire into the com(laint and, !nless
satisfied that the detention is lawf!l, shall order him to be (rod!ced before the
co!rt and release him.
'*( =here a (erson is arrested he shall be informed as soon as may be of the
gro!nds of his arrest and shall be allowed to cons!lt and be defended by a legal
(ractitioner of his choice.
'+( =here a (erson is arrested and not released he shall witho!t !nreasonable
delay, and in any case within twenty2fo!r ho!rs $e*cl!ding the time of any
necessary "o!rney& be (rod!ced before a magistrate and shall not be f!rther
detained in c!stody witho!t the magistrate>s a!thority?
ro6ided that this #la!se shall not a((ly to the arrest or detention of any (erson
!nder the e*isting law relating to restricted residence, and all the (ro6isions of
this #la!se shall be deemed to ha6e been an integral (art of this ,rticle as from
Merdeka )ay.
',( #la!ses $0& and $%& do not a((ly to an enemy alien.
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'%( No (erson shall be held in sla6ery.
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')( ,ll forms of forced labo!r are (rohibited, b!t arliament may by law (ro6ide
co!rt of law shall not be taken to be forced labo!r within the meaning of this
,rticle.
'+( =here by any written law the whole or any (art of the f!nctions of any (!blic
again for the same offence e*ce(t where the con6iction or ac:!ittal has been
:!ashed and a retrial ordered by a co!rt s!(erior to that by which he was
ac:!itted or con6icted.
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'%( ,ll (ersons are e:!al before the law and entitled to the e:!al (rotection of the
law.
')( E*ce(t as e*(ressly a!thori8ed by this #onstit!tion, there shall be no
')( S!b"ect to #la!se $0& and to any law relating to the sec!rity of the Federation
or any (art thereof, (!blic order, (!blic health, or the (!nishment of offenders,
e6ery citi8en has the right to mo6e freely thro!gho!t the Federation and to reside
in any (art thereof.
'*( So long as !nder this #onstit!tion any other State is in a s(ecial (osition as
com(ared with the States of Malaya, arliament may by law im(ose restrictions,
as between that State and other States, on the rights conferred by #la!se $'& in
res(ect of mo6ement and residence.
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%4&
'%( S!b"ect to #la!ses $'&, $0& and $%& 2
'a( e6ery citi8en has the right to freedom of s(eech and e*(ression3
o
'#( all citi8ens ha6e the right to assemble (eaceably and witho!t arms3
o
'(all citi8ens ha6e the right to form associations.
o
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')( arliament may by law im(ose 2
#la!se $-& may also be im(osed by any law relating to labo!r or ed!cation.
'+( 5n im(osing restrictions in the interest of the sec!rity of the Federation or any
(art thereof or (!blic order !nder #la!se $'& $a&, arliament may (ass law
(rohibiting the :!estioning of any matter, right, stat!s, (osition, (ri6ilege,
so6ereignty or (rerogati6e established or (rotected by the (ro6isions of art 555,
article -@', -@0 or -1- otherwise than in relation to the im(lementation thereof as
may be s(ecified in s!ch law.
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'%( E6ery (erson has the right to (rofess and (ractice his religion and, s!b"ect to
#la!se $%&, to (ro(agate it.
')( No (erson shall be com(elled to (ay any ta* the (roceeds of which are
s(ecially allocated in whole or in (art for the (!r(oses of a religion other than his
own.
'*( E6ery religio!s gro!( has the right 2
+!b!an, federal law may control or restrict the (ro(agation of any religio!s
doctrine or belief among (ersons (rofessing the religion of 5slam.
',( This ,rticle does not a!thori8e any act contrary to any general law relating to
the ed!cation of children in its own religion, and there shall be no discrimination
on the gro!nd only of religion in any law relating to s!ch instit!tions or in the
administration of any s!ch law3 b!t it shall be lawf!l for the Federation or a State
to establish or maintain or assist in establishing or maintaining 5slamic instit!tions
or (ro6ide or assist in (ro6iding instr!ction in the religion of 5slam and inc!r s!ch
e*(endit!re as may be necessary for the (!r(ose.
'*( No (erson shall be re:!ired to recei6e instr!ction in or take (art in any
ade:!ate com(ensation.
PART III - CITI5ENSHIP
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C6a7t!r % - A8uisition of Citi9!ns6i7
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'%( S!b"ect to the (ro6isions of this art, the following (ersons are citi8ens by
'*( $4e(ealed&.
Artil! nu"#!r$ %,
%,&
'%( S!b"ect to ,rticle -1, any married woman whose h!sband is a citi8en is
age of twenty2one years whose (arents one at least is $or was at death& a citi8en to
be registered as a citi8en !(on a((lication made to the Federal <o6ernment by his
(arent or g!ardian.
'*( S!b"ect to ,rticle -1, a (erson !nder the age of twenty2one years who was
born before the beginning of Bctober -.A', and whose father is $or was at his
death& a citi8en and was also a citi8en at the beginning of that month $if then
ali6e&, is entitled !(on a((lication made to the Federal <o6ernment by his (arent
or g!ardian, to be registered as a citi8en if the Federal <o6ernment is satisfied
that he is ordinarily resident in the Federation and is of good character.
'+( For the (!r(oses of #la!se $-& residence before Malaysia )ay in the territories
com(rised in the States of Sabah and Sarawak shall be treated as residence in the
Federation.
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',( The reference in #la!se $-& to a married woman is a reference to a woman
whose marriage has been registered in accordance with any written law in force in
the Federation, incl!ding any s!ch law in force before Merdeka )ay, or with any
written law in force before Malaysia )ay in the territories com(rised in the States
of Sabah and Sarawak?
ro6ided that this #la!se shall not a((ly where the woman a((lies to be
registered as a citi8en before the beginning of Se(tember -.A@, or s!ch later date
as may be fi*ed by order of the 9ang di2ert!an ,gong, and is at the date of the
a((lication ordinarily resident in the States of Sabah and Sarawak.
'/( $4e(ealed&
Artil! nu"#!r$ %/
%/&
S!b"ect to #la!se $.&, the Federal <o6ernment may, !(on a((lication made by
any (erson of or o6er the age of twenty2one years who is not a citi8en, grant a
certificate of nat!rali8ation to that (erson if satisfied 2
'a( that 2
o
'i( he is resided in the Federation for the re:!ired (eriods and
C
intends, if the certificate is granted, to do so (ermanently3
'ii( $4e(ealed&.
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'#( that he is of good character3 and
o
'(that he has an ade:!ate knowledge of the Malay lang!age.
o
')( S!b"ect to #la!se $.&, the Federal <o6ernment may, in s!ch s(ecial
circ!mstances as it thinks fit, !(on a((lication made by any (erson of or o6er the
age of twenty2one years who is not a citi8en, grant a certificate of nat!rali8ation to
that (erson if satisfied 2
'a( that he has resided in the Federation d!ring the se6en years
o
immediately (receding the date of the a((lication, for (eriods amo!nting
in the aggregate to not less than fi6e years3
'#( that he intends to do so (ermanently3
o
'(that he is of good character3 and
o
'2( that he has an elementary knowledge of the Malay lang!age.
o
Artil! nu"#!r$ %/a
%/A& S!b"ect to ,rticle -1, any (erson of or o6er the age of eighteen years who is on
Malaysia )ay ordinarily resident in the State of Sabah or Sarawak is entitled, !(on
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making a((lication to the Federal <o6ernment before Se(tember -./-, to be registered
as a citi8en if he satisfies the Federal <o6ernment 2
'a( that he has resided before Malaysia )ay in the territories com(rised in those
States and after Malaysia )ay in the Federation for (eriods which amo!nt in the
aggregate to not less than se6en years in the ten years immediately (receding the
date of the a((lication, and which incl!de the twel6e months immediately
(receding that date3
'#( that he intends to reside (ermanently in the Federation3
'2( e*ce(t where the a((lication is made before Se(tember -.A@, and the
a((licant has attained the age of forty2fi6e years at the date of the a((lication, that
he has a s!fficient knowledge of the Malay lang!age or the English lang!age or,
in the case of an a((licant ordinarily resident in Sarawak, the Malay lang!age, the
English lang!age or any nati6e lang!age in c!rrent !se in Sarawak.
Artil! nu"#!r$ %0
$4e(ealed&
Artil! nu"#!r$ %1
%1&
'%( No (erson of or o6er the age of eighteen years shall be registered as a citi8en
!nder this #onstit!tion !ntil he has taken the oath set o!t in the First Sched!le.
')( E*ce(t with the a((ro6al of the Federal <o6ernment, no (erson who has
reno!nced or has been de(ri6ed of citi8enshi( !nder this #onstit!tion or who has
reno!nced or has been de(ri6ed of federal citi8enshi( or citi8enshi( of the
Federation before Merdeka )ay !nder the Federation of Malaya ,greement, -.%1
shall be registered as a citi8en !nder this #onstit!tion.
'*( , (erson registered as a citi8en !nder this #onstit!tion shall be a citi8en by
Artil! nu"#!r$ %3
%3&
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'%( S!b"ect to #la!se $.&, the Federal <o6ernment may, !(on a((lication made by
any (erson of or o6er the age of twenty2one years who is not a citi8en, grant a
certificate of nat!rali8ation to that (erson if satisfied 2
'a( that 2
o
'i( he has resided in the Federation for the re:!ired (eriods and
C
intends, if the certificate is granted, to do so (ermanently3
'ii( $4e(ealed&.
C
'#( that he is of good character3 and
o
'(that he has an ade:!ate knowledge of the Malay lang!age.
o
')( S!b"ect to #la!se $.&, the Federal <o6ernment may, in s!ch s(ecial
circ!mstances as it thinks fit, !(on a((lication made by any (erson of or o6er the
age of twenty2one years who is not a citi8en, grant a certificate of nat!rali8ation to
that (erson if satisfied 2
'a( that he has resided in the Federation for the re:!ired (eriods and
o
intends, if the certificate is granted, to do so (ermanently3
'#( that he is of good character3 and
o
'(that he has an ade:!ate knowledge of the Malay lang!age.
o
'*( The (eriods of residence in the Federation or the rele6ant (art of it which are
re:!ired for the grant of a certificate of nat!rali8ation are (eriods which amo!nt
in the aggregate to not less than ten years in the twel6e years immediately
(receding the date of the a((lication for the certificate, and which incl!de the
twel6e months immediately (receding that date.
'+( For the (!r(oses of #la!ses $-& and $'& residence before Malaysia )ay in the
'0( $4e(ealed&
'1( $4e(ealed&
is engaged shall not be registered e*ce(t with the a((ro6al of the Federal
<o6ernment.
'*( This ,rticle a((lies to a woman !nder the age of twenty2one years who has
registration, nat!rali8ation or other 6ol!ntary and formal act $other than marriage&
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the citi8enshi( of any co!ntry o!tside the Federation, the Federal <o6ernment
may by order de(ri6e that (erson of his citi8enshi(.
')( 5f the Federal <o6ernment is satisfied that any citi8en has 6ol!ntarily claimed
and e*ercised in any co!ntry, being rights accorded e*cl!si6ely to its citi8ens, the
Federal <o6ernment may by order de(ri6e that (erson of his citi8enshi(.
'*( $4e(ealed&
'*A( =itho!t (re"!dice to the generality of #la!se $'&, the e*ercise of a 6ote in
any (olitical election in a (lace o!tside the Federation shall be deemed to be the
6ol!ntary claim and e*ercise of a right a6ailable !nder the law of that (lace3 and
for the (!r(oses of #la!se $'&, a (erson who, after s!ch date as the 9ang di2
ert!an ,gong may by order a((oint for the (!r(oses of this #la!se 2
'a( a((lies to the a!thorities of a (lace o!tside the Federation for the iss!e
o
or renewal of a (ass(ort3 or
'#( !ses a (ass(ort iss!ed by s!ch a!thorities as a tra6el doc!ment,
o
shall be deemed 6ol!ntarily to claim and e*ercise a right a6ailable !nder the law
of that (lace, being a right accorded e*cl!si6ely to the citi8ens of that (lace.
'+( 5f the Federal <o6ernment is satisfied that any woman who is a citi8en by
registration !nder #la!se $-& of ,rticle -@ has ac:!ired the citi8enshi( of any
co!ntry o!tside the Federation by 6irt!e of her marriage to a (erson who is not a
citi8en, the Federal <o6ernment may by order de(ri6e her of her citi8enshi(.
Artil! nu"#!r$ ),
),&
'%( The Federal <o6ernment may by order de(ri6e of his citi8enshi( any (erson
who is a citi8en by registration !nder ,rticle -A, or -/ or a citi8en by
nat!ralisation if satisfied 2
'a( that he has shown himself by act or s(eech to be disloyal or disaffected
o
towards the Federation3
'#( that he has, d!ring any war in which the Federation is or was engaged,
o
!nlawf!lly traded or comm!nicated with an enemy or been engaged in or
associated with any b!siness which to his knowledge was carried on in
s!ch manner as to assist an enemy in that war3 or
'(that he has, within the (eriod of fi6e years beginning with the date of
o
the registration or the grant of the certificate, been sentenced in any
co!ntry to im(risonment for a term of not less than twel6e months or to a
fine of not less than fi6e tho!sand ringgit or the e:!i6alent in c!rrency of
that co!ntry, and has not recei6ed a free (ardon in res(ect of the offence
for which he was so sentenced.
'%A( The Federal <o6ernment may by order de(ri6e of his citi8enshi( any (erson
Artil! nu"#!r$ )/
)/&
'%( The Federal <o6ernment may by order de(ri6e of his citi8enshi( any citi8en
who is a citi8en by registration !nder #la!se $-& of ,rticle -@ if satisfied that the
marriage by 6irt!e of which she was registered has been dissol6ed, otherwise than
by death, within the (eriod of two years beginning with the date of the marriage.
'*( $4e(ealed&.
'+( $4e(ealed&.
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Artil! nu"#!r$ )/a
)/A& =here a (erson has reno!nced his citi8enshi( or been de(ri6ed thereof !nder
#la!se $-& of ,rticle '% or (aragra(h $a& of #la!se $-& of ,rticle 'A, the Federal
<o6ernment may by order de(ri6e of his citi8enshi( any child of that (erson !nder the
age of twenty2one who has ben registered as a citi8en (!rs!ant to this #onstit!tion and
was so registered as being the child of that (erson or of that (erson>s wife or h!sband.
Artil! nu"#!r$ )/#
)/.&
'%( 4en!nciation or de(ri6ation of citi8enshi( shall not discharge a (erson from
the Federal <o6ernment is satisfied that it is not cond!ci6e to the (!blic good that
he sho!ld contin!e to be a citi8en? and no (erson shall be de(ri6ed of citi8enshi(
!nder ,rticle '@, (aragra(h $b& of #la!se $-& of ,rticle 'A, or ,rticle 'A, if the
Federal <o6ernment is satisfied that as a res!lt of the de(ri6ation he wo!ld not be
a citi8en of any co!ntry.
Artil! nu"#!r$ )0
)0&
'%( Defore making an order !nder ,rticle '%, '@ or 'A, the Federal <o6ernment
shall gi6e to the (erson against whom the order is (ro(osed to be made notice in
writing informing him of the gro!nd on which the order is (ro(osed to be made
and of his right to ha6e the case referred to a committee of in:!iry !nder this
,rticle.
')( 5f any (erson to whom s!ch notice is gi6en a((lies to ha6e the case referred as
aforesaid the Federal <o6ernment may, refer the case to a committee of in:!iry
consisting of a chairman $being a (erson (ossessing "!dicial e*(erience& and two
other members a((ointed by that <o6ernment for the (!r(ose.
'*( 5n the case of any s!ch reference, the committee shall hold an in:!iry in s!ch
manner as the Federal <o6ernment may direct, and s!bmit its re(ort to that
<o6ernment? and the Federal <o6ernment shall ha6e regard to the re(ort in
determining whether to make the order.
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Artil! nu"#!r$ )1
)1&
'%( For the (!r(oses of the foregoing (ro6isions of this #ha(ter 2
'a( any (erson who before Merdeka )ay became a federal citi8en or a
o
citi8en of the Federation by registration as a citi8en or in conse:!ence of
his registration as a citi8en or in conse:!ence of his registration as the
s!b"ect of the 4!ler, or by the grant of a certificate of citi8enshi(, !nder
any (ro6ision of the Federation of Malaya ,greement, -.%1, or of any
State law shall be treated as a citi8en by registration and, if he was not
born within the Federation, as a citi8en by registration !nder ,rticle -/3
'#( a woman who before that day became a federal citi8en or a citi8en of
o
the Federation by registration as a citi8en, or in conse:!ence of her
registration as the s!b"ect of the 4!ler, !nder any (ro6ision of the said
,greement or any State law a!thori8ing the registration of women married
to citi8ens of the Federation or to s!b"ects of the 4!ler shall be treated as a
citi8en by registration !nder #la!se $-& of ,rticle -@3
'(any (erson who before that day was nat!ralised as a federal citi8en or a
o
citi8en of the Federation !nder the said ,greement of became a federal
citi8en or a citi8en of the Federation in conse:!ence of his nat!rali8ation
as the s!b"ect of a 4!ler !nder any State law shall $s!b"ect to #la!se $'&&
be treated as a citi8en by nat!rali8ation.
and references in those (ro6isions to the registration or nat!rali8ation of a citi8en
shall be constr!ed accordingly.
')( No (erson born within the Federation shall be liable by 6irt!e of this ,rticle to
ha6ing been citi8en of the Federation immediately before that day shall not be
de(ri6ed of citi8enshi( !nder #la!se $-& or $'& of ,rticle '% by reason of anything
done on or before that day, b!t in the case of any s!ch (erson #la!se $'& of
,rticle '@ shall a((ly e:!ally in relation to a (eriod of residence in foreign
co!ntries beginning before Merdeka )ay and in relation to s!ch a (eriod
beginning on or after that day.
Artil! nu"#!r$ )1a
)1a&
'%( $4e(ealed&
')( For the (!r(oses of ,rticles '%, '@, 'A and 'A, a (erson who on Malaysia
)ay becomes a citi8en by o(eration of law beca!se immediately before that day
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he has the stat!s of a citi8en of the Enited Kingdom and #olonies shall be treated
2
'a( as a citi8en by registration if he ac:!ired that stat!s by registration3 and
o
'#( as a citi8en by nat!ralisation if he ac:!ired that stat!s by or in
o
conse:!ence of nat!ralisation3
and references in those ,rticles to the registration or nat!ralisation of a citi8en
shall be constr!ed accordingly.
'*( =here a woman is !nder this ,rticle to be treated as a citi8en by registration,
and the stat!s conse:!ence of which she is to be treated was ac:!ired by her
6irt!e of marriage, then for (!r(oses of #la!se $%& of ,rticle '% and #la!se $'& of
,rticle 'A she shall be treated as a citi8en by registration !nder #la!se $-& of
,rticle -@.
'+( =here a (erson born before Malaysia )ay is !nder this ,rticle to be treated as
nat!ralisation,he shall not be de(ri6ed of his citi8enshi( !nder ,rticle '@ if he was
born before Malaysia )ay in the territories com(rised in the States of Sabah and
Sarawak and is to be treated by 6irt!e of a stat!s ac:!ired by or in conse:!ence of
nat!ralisation in those territories.
'/( =itho!t (re"!dice to the forgoing #la!ses, where on Malaysia )ay a (erson
(roceedings had before Malaysia )ay beg!n to de(ri6e him of the stat!s of 6irt!e
of which he ac:!ired his citi8enshi(, those (roceedings shall be treated as
(roceedings to de(ri6e him of citi8enshi( !nder that #la!se, and shall be
contin!ed in accordance with the law relating to that stat!s immediately before
Malaysia )ay, and the f!nctions the Federal <o6ernment in relation thereto shall
be delegated to s!ch a!thority of the State in :!estion as the Federal <o6ernment
may determine.
PART III - CITI5ENSHIP
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-1
C6a7t!r * - Su77l!"!ntal
Artil! nu"#!r$ )3
)3&
'%( 5n accordance with the (osition of the Federation within the #ommonwealth,
e6ery (erson who is a citi8en of the Federation en"oys by 6irt!e of that citi8enshi(
the stat!s of a #ommonwealth citi8en in common with the citi8ens of other
#ommonwealth co!ntries.
')( ,ny e*isting law shall, e*ce(t so far as arliament otherwise (ro6ides, a((ly
whose citi8enshi( a do!bt e*ists, whether of fact or of law, certify that (erson is a
citi8en.
')( , certificate iss!ed !nder #la!se $-& shall, !nless it is (ro6ed that it was
Federation, any :!estion whether he was born a citi8en of another co!ntry shall be
decided by the Federal <o6ernment,whose certificate thereon $!nless (ro6ed to
ha6e been obtained by means of fra!d, false re(resentation or concealment of a
material fact & shall be concl!si6e.
'+( $4e(ealed&
ert!an ,gong, who shall take (recedence o6er all (ersons in the Federation and
shall not be liable to any (roceedings whatsoe6er in any co!rt.
')( The #onsort of the 9ang di2ert!an ,gong $to be called the 4a"a ermais!ri
,gong& shall take (recedence ne*t after the 9ang di2ert!an ,gong o6er all other
(ersons in the Federation.
'*( The 9ang di2ert!an ,gong shall be elected by the #onference of 4!lers for a
term of fi6e years, b!t may at any time resign his office by writing !nder his hand
addressed to the #onference of 4!lers or be remo6ed from office by the
#onference of 4!lers, and shall cease to hold office on ceasing to be a 4!ler.
'+( The (ro6isions of art l and lll of the Third Sched!le shall a((ly to the
Timbalan 9ang di2ert!an ,gong& who shall e*ercise the f!nctions and ha6e the
(ri6ileges of the 9ang di2ert!an ,gong d!ring any 6acancy in the office of the
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9ang di2ert!an ,gong and d!ring any (eriod d!ring which the 9ang di2ert!an
,gong is !nable to e*ercise the f!nctions of his office owing to illness, absence
from the Federation or for any other ca!se, b!t the Timbalan 9ang di2ert!an
,gong shall not e*ercise those f!nctions d!ring any inability or absence of the
9ang di2ert!an ,gong which is e*(ected to be less than fifteen days, !nless the
Timbalan 9ang di2ert!an is satisfied that it is necessary or e*(edient to e*ercise
s!ch f!nctions.
')( The Timbalan 9ang di2ert!an ,gong shall be elected by the #onference of
4!lers for a term of fi6e years, or if elected d!ring the term for which the 9ang
di2ert!an ,gong was elected, for the remainder of that term, b!t may at any time
resign his office by writing !nder his hand addressed to the #onference of 4!lers
and shall cease to hold office on ceasing to be a 4!ler.
'*( 5f d!ring the term for which the Timbalan 9ang di2ert!an ,gong was elected
a 6acancy occ!rs in the office of the 9ang di2ert!an ,gong his term shall e*(ire
on the cessation of the 6acancy.
'+( the (ro6isions of art ll of the Third Sched!le shall a((ly to the election of the
the 9ang di2ert!an ,gong in cases where those f!nctions wo!ld !nder #la!se $-&
fall to be e*ercised owing to a 6acancy in the office of the Timbalan 9ang di2
ert!an ,gong or to his illness, absence from the Federation or to any other ca!se3
b!t s!ch a law shall not be (assed witho!t the consent of #onference of 4!lers.
Artil! nu"#!r$ *+
*+&
'%( The 9ang di2ert!an ,gong shall not e*ercise his f!nctions as 4!ler of his
rem!neration.
'*( The 9ang di2ert!an ,gong shall not acti6ely engage in any commercial
enter(rise.
'+( The 9ang di2ert!an ,gong shall not recei6e any emol!ments of any kind
(ayable or accr!ing to as the 4!ler of his State !nder the (ro6isions of the
#onstit!tion of that State or of any State law.
',( The 9ang di2ert!an ,gong shall not, witho!t the consent of the #onference
of 4!lers, be absent from the Federation for more than fifteen days, e*ce(t on a
State 6isit to another co!ntry.
'/( #la!ses $'& and $0& shall a((ly to the 4a"a ermais!ri ,gong.
'0( =here the Timbalan 9ang di2ert!an ,gong or any other (erson a!thorised
by law e*ercises the f!nctions of the 9ang di2ert!an ,gong for a (eriod
e*ceeding fifteen days #la!se $-& to $@& shall a((ly to him d!ring that (eriod as
they a((ly to the 9ang di2ert!an ,gong.
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'1( Nothing in #la!se $-& shall (re6ent the 9ang di2ert!an ,gong e*ercising as
4!ler of his State any (ower 6ested in him either alone or in con"!nction with any
other a!thority 2
'a( to amend the #onstit!tion of the State3 or
o
'#( to a((oint a 4egent or member of a #o!ncil of 4egency in the (lace of
o
any 4egent or member, as the case may be, who has died or has become
inca(able for any reason of (erforming the d!ties of the office of 4egent
or member of the #o!ncil of 4egency..... res(ecti6ely.
Artil! nu"#!r$ *,
*,&
'%( arliament shall by law (ro6ide a #i6il +ist of the 9ang di2ert!an ,gong
9ang di2ert!an ,gong or any other (erson a!thori8ed by law to e*ercise the
f!nctions of the 9ang di2ert!an ,gong d!ring any (eriod d!ring which he
e*ercises those f!nctions and the ren!meration for which (ro6ision is made in
(!rs!ance of this #la!se shall be charged on the #onsolidated F!nd.
Artil! nu"#!r$ */
*/& The 9ang di2ert!an ,gong shall kee( and !se the !blic Seal of the Federation.
Artil! nu"#!r$ *0
*0&
'%( The 9ang di2ert!an ,gong shall before e*ercising his f!nctions take and
s!bscribe before the #onference of 4!lers and in the (resence of the +ord
resident of the S!(reme #o!rt $or in his absence the ne*t senior "!dge of the
S!(reme #o!rt a6ailable& the oath of office set o!t in art - of the Fo!rth
Sched!le3 and the oath shall be attested by two (ersons a((ointed for the (!r(ose
by the #onference of 4!lers.
')( The Timbalan 9ang di2ert!an ,gong shall before e*ercising his f!nctions,
other than the f!nctions e*ercisable for the (!r(ose of con6ening the #onference
of 4!lers, take and s!bscribe before the #onference of 4!lers and in the (resence
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''
of the +ord resident of the S!(reme #o!rt $or in his absence the ne*t senior
"!dge of the S!(reme #o!rt a6ailable& the oath of office set o!t in art -- of the
Fo!rth Sched!le.
'*( The said oaths, translated into English, are set o!t in art -- of the Fo!rth
Sched!le.
'+( ,ny law made !nder ,rticle 00 $@& shall make (ro6ision corres(onding $with
'a( electing, in accordance with the (ro6isions of the Third Sched!le, the
o
9ang di2ert!an ,gong and Timbalan 9ang di2ert!an ,gong3
'#( agreeing or disagreeing to the e*tension of any religio!s acts,
o
obser6ances or ceremonies to the Federation as a whole3
'(consenting or withholding consent to any law and making or gi6ing
o
ad6ice on any a((ointment which !nder this #onstit!tion re:!ires the
consent of the #onference or is to be made by or after cons!ltation with
the #onference,
and may deliberate on :!estions of national (olicy $for e*am(le changes in
immigration (olicy& and any other matter that it thinks fit.
'*( =hen the #onference deliberates on matters of national (olicy the 9ang di2
ert!an ,gong shall be accom(anied by the rime Minister, and the other 4!lers
and the 9ang di2ert!a29ang di2ert!a Negeri by their Menteri2Menteri Desar or
#hief Ministers3 and the deliberations shall be among the f!nctions e*ercised, ny
the 9ang di2ert!an ,gong in accordance with the ad6ice of the #abinet, and by
other 4!lers and the 9ang di2ert!a 29ang di2ert!a Negeri in accordance with
the ad6ice of their E*ec!ti6e #o!ncils.
'+( No law directly affecting the (ri6ileges, (osition, hono!rs or dignities of the
the Second Sched!le, by him or by the #abinet or any Minister a!thorised by the
#abinet, b!t arliament made by law confer e*ec!ti6e f!nction on other (ersons.
Artil! nu"#!r$ +4a
+4a&
'%( 5n the e*ercise of his f!nctions !nder this #onstit!tion or federal law the 9ang
di2ert!an ,gong shall act in accordance with the ad6ice of the #abinet or of a
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Minister acting !nder the general a!thority of the #abinet, e*ce(t as otherwise
(ro6ided by this #onstit!tion3 b!t shall be entitled, at his re:!est, to any
information concerning the go6ernment of the Federation which is a6ailable to the
#abinet.
')( The 9ang di2ert!an ,gong may act in his discretion in the (erformance of
State law to remit, s!s(end or comm!te sentences for any offence shall be
e*ercisable by the 9ang di2ert!an ,gong if the sentence was (assed by a co!rt2
martial or by a ci6il co!rt e*ercising "!risdiction in the Federal Territories of
K!ala +!m(!r and +ab!an and, in any other case, shall be e*ercisable by the
4!ler or 9ang di2ert!a Negeri of the State in which the offence was committed.
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'@
'*( =here an offence was committed wholly or (artly o!tside the Federation or in
more than one State or in circ!mstances which make it do!btf!l where it was
committed, it shall be treated for the (!r(oses of this ,rticle as ha6ing been
committed in the State in which it was tried. For the (!r(ose of this #la!se the
Federal Territory of K!ala +!m(!r or the Federal Territory of +ab!an as the case
may be, shall each be regarded as a State.
'+( The (owers mentioned in this ,rticle 2
'a( are, so far as they are e*ercisable by the 9ang di2ert!an ,gong,
o
among f!nctions with res(ect to which federal law may make (ro6ision
!nder ,rticle %; $0&3
'#( shall, so far as they are e*ercisable by the 4!ler or 9ang di2ert!an
o
Negeri of a State, be e*ercised on the ad6ice of a ardons Doard
constit!ted for that State in accordance with #la!se $@&.
',( The ardons Doard constit!ted for each State shall consist of the ,ttorney
<eneral of the Federation, the #hief Minister of the State and not more than three
other members, who shall be a((ointed by the 4!ler or 9ang di2ert!a Negeri3
b!t the ,ttorney <eneral may from time to time by instr!ment in writing delegate
his f!nctions as a member of the Doard to any other (erson, and the 4!ler or
9ang di2ert!a Negeri may a((oint any (erson to e*ercise tem(orarily the
f!nctions of any member of the Doard a((ointed by him who is absent or !nable
to act.
'/( The members of a ardons Doard a((ointed by the 4!ler or 9ang )i(ert!a
Negeri shall be a((ointed for a term of three years and shall be eligible for re2
a((ointment, b!t may at any time resign from the Doard.
'0( , member of the +egislati6e ,ssembly of a State or of the 7o!se of
any written o(inion which the ,ttorney <eneral may ha6e deli6ered thereon.
'%4( Notwithstanding anything in this ,rticle, the (ower to grant (ardons,
Doard for the Federal Territory of K!ala +!m(!r and the Federal territory of
+ab!an and the (ro6isions of #la!ses $@&, $A&, $/&, $1& and $.& shall a((ly m!tatis
m!tandis to the ardons Doard !nder this #la!se e*ce(t that reference to F4!ler
or 9ang di2ert!a NegeriF shall be constr!ed as reference to the Minister
res(onsible for the Federal Territory of K!ala +!m(!r and the Federal Territory
of +ab!an.
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'A
Artil! nu"#!r$ +*
+*&
'%( The 9ang di2ert!an ,gong shall a((oint a Jemaah Menteri $#abinet of
'a( the 9ang di2ert!an ,gong shall first a((oint as erdana Menteri
o
$rime Minister& to (reside o6er the #abinet a member of the 7o!se of
4e(resentati6e who in his "!dgment is likely to command the confidence
of the ma"ority of the members of that 7o!se3 and
'#( he shall on the ad6ice of the rime Minister a((oint other Menteri
o
$Ministers& from among the members of either 7o!se of arliament3
b!t if an a((ointment is made while (arliament is dissol6ed a (erson who was a
member of the last 7o!se of 4e(resentati6es may be a((ointed b!t shall not
contin!e to hold office after the beginning of the ne*t session of arliament !nless,
if he has been a((ointed rime Minister, he is a member of the new 7o!se of
4e(resentati6es, and in any other case he is a member either of that 7o!se or of
the Senate.
'*( The #abinet shall be collecti6ely res(onsible to arliament.
'+( 5f the rime Minister ceases to command the confidence of the ma"ority of the
members of the 7o!se of 4e(resentati6es, then, !nless at his re:!est the 9ang di2
ert!an ,gong dissol6es arliament, the rime Minister shall tender the
resignation of the #abinet.
',( S!b"ect to #la!se $%&, Ministers other than the rime Minister shall hold office
d!ring the (leas!re of the 9ang di2ert!an ,gong, !nless the a((ointment of any
Minister shall ha6e been re6oked by the 9ang di2ert!an ,gong on the ad6ice of
the rime Minister b!t any Minister may resign his office.
'/( Defore a Minister e*ercises the f!nctions of his office he shall take and
s!bscribe in the (resence of the 9ang di2ert!an ,gong the oath of office and
allegiance and the oath of secrecy set o!t in the Si*th Sched!le.
'0( Notwithstanding anything in this ,rticle, a (erson who is a citi8en by
shall resign from the ,ssembly before e*ercising the f!nctions of his office.
'3( arliament shall by law make (ro6ision for the ren!meration of members of
the #abinet.
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'/
Artil! nu"#!r$ +*a
+*A&
'%( The 9ang di2ert!an ,gong may on the ad6ice of the rime Minister a((oint
)e(!ty Ministers from among the members of either 7o!se of arliament3 b!t if
an a((ointment is made while arliament is dissol6ed a (erson who was a
member of the last 7o!se of 4e(resentati6es may be a((ointed b!t shall not hold
office after the beginning of the ne*t session of arliament !nless he is a member
either of that 7o!se or of the Senate.
')( )e(!ty Ministers shall assist Ministers in the Ministers in the discharge of
their d!ties and f!nctions, and for s!ch (!r(ose shall ha6e all the (owers of
Ministers.
'*( The (ro6isions of #la!ses $@&, $A& and $1& of ,rticle %0 shall a((ly to )e(!ty
Ministers.
Artil! nu"#!r$ +*#
+*.&
'%( The rime Minister may a((oint arliamentary Secretaries from among the
discharge of their d!ties and f!nctions, and for s!ch (!r(ose shall ha6e all the
(owers of Ministers and )e(!ty Ministers.
'*( , arliamentary Secretary may at any time resign his office, and his
take and s!bscribe in the (resence of the rime Minister the oath of secrecy set
o!t in the Si*th Sched!le.
',( arliament shall by law make (ro6ision for the ren!meration of arliamentary
Secretaries.
Artil! nu"#!r$ +*
+*C&
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'1
'%( The rime Minister may a((oint s!ch n!mber of (ersons as he may think fit to
be olitical Secretaries.
')( , (erson a((ointed as a olitical Secretary by 6irt!e of this ,rticle2
members as follows?
'a( two members for each State shall be elected in accordance with the
o
Se6enth Sched!le3 and
'aa( two members for the Federal Territory of K!ala +!m(!r and
C
one member for the Federal Territory of +ab!an shall be a((ointed
by the 9ang di2ert!an ,gong3 and
'#( forty members shall be a((ointed by the 9ang di2ert!an ,gong.
o
')( The members to be a((ointed by the 9ang di2ert!an ,gong shall be (ersons
who in his o(inion ha6e rendered disting!ished (!blic ser6ice or ha6e achie6ed
distinction in the (rofessions, commerce, ind!stry, agric!lt!re, c!lt!ral acti6ities
or social ser6ice or are re(resentati6e of racial minorities or are ca(able of
re(resenting the interests of aborigines.
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'.
'*( The term of office of a member of the Senate shall, s!b"ect to the (ro6isions of
the Se6enth Sched!le, be three years and shall not be affected by a dissol!tion of
arliament.
'*A( , member of the Senate shall not hold office for more than two terms either
contin!o!sly or otherwise?
ro6ided that where a (erson who has already com(leted two or more terms of
office as a member of the Senate is immediately before the coming into force of
this #la!se a member of this #la!se a member of the Senate, he may contin!e to
ser6e as s!ch member for the remainder of his term.
'+( arliament may by law 2
'a( increase to three the n!mber of members to be elected for each State3
o
'#( (ro6ide that the members to be elected for each State shall be elected
o
by the direct 6ote of the electors of that State3
'(decrease the n!mber of a((ointed members or abolish a((ointed
o
members.
Artil! nu"#!r$ +/
+/&
'%( The 7o!se of 4e(resentati6es shall consist of one h!ndred and eighty elected
members.
')( There shall be 2
'a( one h!ndred and se6enty2two members from the States in Malaysia as
o
follows 2
'i( eighteen members from Johore3
C
'ii( fo!rteen members from Kedah3
C
'iii( thirteen members from Kelantan3
C
'i<( fi6e members from Malacca3
C
'<( se6en members from Negeri Sembilan3
C
'<i( ten members from ahang3
C
'<ii( ele6en members from enang3
C
'<iii( twenty2three members from erak
C
'i;( two members form erlis3
C
';( twenty members from Sabah3
C
';i( twenty2se6en members from Sarawak3
C
';ii( fo!rteen members from Selangor3
C
';iii( eight members from Trenggan!3 and
C
'#( eight members from the Federal Territories of K!ala +!m(!r and
o
+ab!an as follows 2
'i( se6en members from the Federal Territory of K!ala +!m(!r3
C
'ii( one member from the Federal Territory of +ab!an.
C
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0;
Artil! nu"#!r$ +0
+0& E6ery citi8en resident in the Federation is :!alified to be a member 2
'a( of the Senate, if he is not less than thirty years old3
'#( of the 7o!se of 4e(resentati6es, if he is not less than twenty2one years old,
#la!se $-& may be remo6ed by the 9ang di2(ert!an ,gong and shall, if not so
remo6ed, cease at the end of the (eriod of fi6e years beginning with the date on
which the ret!rn mentioned in the said (aragra(h $d& was re:!ired to be lodged, or,
as the case may be, the date on which the (erson con6icted as mentioned in the
said (aragra(h $e& was released from c!stody or the date on which the fine
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0-
mentioned in the said (aragra(h $e& was im(osed on s!ch (erson and a (erson
shall not be dis:!alified !nder (aragra(h $f& of cla!se $-& by reason only of
anything done by him before he became a citi8en.
'+( Notwithstanding anything contained in the foregoing (ro6isions of this ,rticle,
elected to that 7o!se or if a (erson dis:!alified for being a member of the Senate
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0'
is elected or a((ointed to the Senate or if an election or a((ointment to either
7o!se is contrary to ,rticle %., the election or a((ointment shall be a6oid.
'*( $4e(ealed&
absent from e6ery sitting of the 7o!se for a (eriod of si* months the 7o!se may
declare his seat 6acant.
')( , member of either 7o!se of arliament who has been granted lea6e of
absence from the sittings of the 7o!se of which he is a member shall not, for the
d!ration of s!ch lea6e, (artici(ate in any manner in the affairs and b!siness of
that 7o!se.
Artil! nu"#!r$ ,*
,*&
'%( 5f any :!estion arises whether a member of a 7o!se of arliament has become
dis:!alified for membershi(, the decision of that 7o!se shall be taken and shall
be final?
ro6ided that this ,rticle shall not be taken to (re6ent the (ractice of the 7o!se
(ost(oning a decision in order to allow for the taking or determination of any
(roceedings that may affect the decision $incl!ding (roceedings for the remo6al
of the dis:!alification&.
')( =here a member of either 7o!se of arliament becomes dis:!alified !nder
(aragra(h $e& of #la!se $-& of ,rticle %1 or !nder a federal law made in (!rs!ance
of #la!se $'& of ,rticle %1, #la!se $-& shall not a((ly and he shall cease to be a
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00
member of that 7o!se, and his seat shall become 6acant, immediately !(on his
dis:!alification taking effect in accordance with #la!se $%& of ,rticle %1.
Artil! nu"#!r$ ,+
,+&
'%( Sa6e as (ro6ided !nder #la!se $0& whene6er there is a 6acancy among
'*( =here a 6acancy among members of the Senate relates to a 6acancy which
shall be filled by a member who shall be elected by a State in accordance with the
Se6enth Sched!le, the (ro6isions of #la!se $-& shall not a((ly to the filling of
s!ch 6acancy.
Artil! nu"#!r$ ,,
,,&
'%( The 9ang di2ert!an ,gong shall from time to time s!mmon arliament and
shall not allow si* months to ela(se between the last sitting in one session and the
date a((ointed for its first meeting in the ne*t session.
')( The 9ang di2ert!an ,gong may (rorog!e or dissol6e arliament.
'*( arliament !nless sooner dissol6ed shall contin!e for fi6e years from the date
of the dissol!tion and arliament shall be s!mmoned to meet on a date not later
than one h!ndred and twenty days from that date.
',( , Dill (ending in arliament shall not la(se by reason of the (rorogation of
arliament.
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0%
'/( , Dill (ending reconsideration by arliament in (!rs!ance of #la!se $%,& of
ert!a )ewan Negara $resident of the Senate& and one to be )e(!ty resident of
the Senate, and shall, s!b"ect to #la!se $0&, transact no b!siness while the office
of resident is 6acant other than the election of a resident.
')( , member holding office as resident or )e(!ty resident shall cease to hold
his office on the e*(iry of the term for which he was elected or a((ointed a
member or on otherwise ceasing to be a member of the Senate, or !(on being
dis:!alified !nder #la!se $@&, and may at any time resign his office.
'*( )!ring any 6acancy in the office of resident or d!ring any absence of the
resident from any sitting, the )e(!ty resident or, if the )e(!ty resident is also
absent or if his office is also 6acant, s!ch other member as may be determined by
the r!les of (roced!re of the Senate, shall act as resident.
'+( 5f a member of the +egislati6e ,ssembly of a State is chosen to be resident
he shall resign from the ,ssembly before e*ercising the f!nctions of his office.
',( , member who is elected to be resident shall be dis:!alified from holding
office if after three months of his election to s!ch office or at any time thereafter
he is or becomes a member of any board of directors or board of management, or
an officer or em(loyee, or engages in the affairs or b!siness, of any organi8ation
or body, whether cor(orate or otherwise, or of any commercial, ind!strial or other
!ndertaking, whether or not he recei6es any ren!meration, reward, (rofit to
benefit from it?
(ro6ided that s!ch dis:!alification shall not a((ly where an organi8ation or body
carries o!t any welfare or 6ol!ntary work or ob"ecti6e beneficial to the
comm!nity or any (art thereof, or any other work or ob"ecti6e of a charitable or
social nat!re, and the member does not recei6e any ren!meration, reward, (r ofit
or benefit from it.
'/( =here any :!estion arises regarding the dis:!alification of the resident
!nder #la!se $@& the decision of the Senate shall be taken and shall be final.
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0@
Artil! nu"#!r$ ,0
,0&
'%( The 7o!se of 4e(resentati6es shall from time to time elect 2
4e(resentati6es 2
'a( shall before he enters !(on the d!ties of his office, take and s!bscribe
o
before the 7o!se the oath of office and allegiance set o!t in the Si*th
Sched!le3 and
'#( shall, by 6irt!e of holding his office, be a member of the 7o!se
o
additional to the members elected (!rs!ant to ,rticle %A?
ro6ided that (aragra(h $b& shall not ha6e effect for the (!r(oses of any of the
following (ro6isions of this #onstit!tion, that is to say, ,rticles %0, %0,, %0D, @;
to @', @% and @.3 and no (erson shall be entitled by 6irt!e of that (aragra(h to
6ote on any matter before the 7o!se.
')( The S(eaker may at any time resign his office by writing !nder his hand
addressed to the #lerk of the 7o!se of 4e(resentati6es, and shall 6acate his office
2
'a( when the 7o!se first meets after a general election3
o
'#( on his ceasing to be a member of the 7o!se otherwise than by reason
o
of a dissol!tion thereof or, if he is a member by 6irt!e only of (aragra(h
$b& of #la!se $-,&, on his ceasing to be :!alified to be a member3
'##( !(on being dis:!alified !nder #la!se $@&3
C
'(if the 7o!se at any time so resol6es.
o
')( , )e(!ty S(eaker may at any time resign his office by writing !nder his hand
addressed to the #lerk of the 7o!se of 4e(resentati6es, and shall 6acate his office
2
'a( on his ceasing to be a member of the 7o!se3
o
'#( if the 7o!se at any time so resol6es.
o
'*( )!ring any 6acancy in the office of the S(eaker or d!ring any absence of the
S(eaker from any sitting, otherwise than by reason of the 7o!se first meeting
after a general election, one of the )e(!ty S(eakers or, if both the )e(!ty
S(eakers are absent or if both their offices are 6acant, s!ch other member as may
be determined by the r!les of (roced!re of the 7o!se, shall act as S(eaker.
'+( 5f a member of the +egislati6e ,ssembly of a State is chosen to be S(eaker he
shall resign from the ,ssembly before e*ercising the f!nctions of his office.
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0A
',( , (erson who is elected to be S(eaker shall be dis:!alified from holding s!ch
office if after three months of his election to s!ch office or at any time thereafter
he is or becomes a member of any board of directors or board of management, or
an officer or em(loyee, or engages in the affairs or b!siness, of any organi8ation
or body, whether cor(orate or otherwise, or of any commercial, ind!strial or other
!ndertaking, whether or not he recei6es any ren!meration, reward, (rofit or
benefit from it.
ro6ided that s!ch dis:!alification shall not a((ly where s!ch organi8ation or
body carries o!t any welfare or 6ol!ntary work or ob"ecti6e beneficial to the
comm!nity or any (art thereof, or any other work or ob"ecti6e of a charitable or
social nat!re, and the member does not recei6e any ren!meration, reward, (rofit
or benefit from it.
'/( =here any :!estion arises regarding the dis:!alification of the S(eaker !nder
#la!se $@& the decision of the 7o!se of 4e(resentati6es shall be taken and shall be
final.
Artil! nu"#!r$ ,1
,1& arliament shall by law (ro6ide for the ren!meration of the resident and )e(!ty
resident of the Senate and the S(eaker and )e(!ty S(eakers of the 7o!se of
4e(resentati6es, and the ren!meration so (ro6ided for the resident of the Senate and the
S(eaker of the 7o!se of 4e(resentati6es shall be charged on the #onsolidated F!nd.
Artil! nu"#!r$ ,3
,3&
'%( E6ery member of either 7o!se of arliament shall before taking his seat take
and s!bscribe before the (erson (residing in the 7o!se an oath in the form set o!t
in the Si*th Sched!le, b!t a member may before taking that oath take (art in the
election of a resident of the Senate or S(eaker of the 7o!se of 4e(resentati6es.
')( 5f a member has not taken his seat within si* months from the date on which
the 7o!se first sits after his election or s!ch f!rther time as the 7o!se may allow,
his seat shall become 6acant.
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Artil! nu"#!r$ /4
/4& The 9ang di2ert!an ,gong may address either 7o!se of arliament or both 7o!ses
"ointly.
Artil! nu"#!r$ /%
/%&
'%( 5n addition to his rights as a member of one of the 7o!ses of arliament e6ery
member of the #abinet shall ha6e the right to take (art in the (roceedings of the
other 7o!se.
')( Either 7o!se of arliament may a((oint as a member of any of its committees
the ,ttorney <eneral or any member of the #abinet notwithstanding that he is not
a member of that 7o!se.
'*( This ,rticle does not a!thori8e any (erson who is not a member of a 7o!se to
arliamentary Secretary.
Artil! nu"#!r$ /)
/)&
'%( S!b"ect to the (ro6isions of this #onstit!tion and of federal law, each 7o!se
(resence or (artici(ation of any (erson not entitled thereto shall not in6alidate any
(roceedings.
'*( S!b"ect to #la!se $%& and to ,rticles 1. $-& and -@. $0& and to sections -; and
-- of the Thirteenth Sched!le, each 7o!se shall, if not !nanimo!s, take its
decision by a sim(le ma"ority of members 6oting3 and the (erson (residing shall
!nless he is a member of the 7o!se by 6irt!e only of (aragra(h $b& of #la!se $-,&
of ,rticle @/ cast his 6ote whene6er necessary to a6oid an e:!ality of 6otes, b!t
shall not 6ote in any other case.
'+( 5n reg!lating its (roced!re each 7o!se may (ro6ide, as res(ects any decision
relating to its (roceedings, that it shall not be made e*ce(t by a s(ecified ma"ority
or by a s(ecified n!mber of 6otes.
',( Member absent from a 7o!se shall not be allowed to 6ote.
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01
Artil! nu"#!r$ /*
/*&
'%( The 6alidity of any (roceedings in either 7o!se of arliament or any
anything said or any 6ote gi6en by him when taking (art in any (roceedings of
either 7o!se of arliament or any committee thereof.
'*( No (erson shall be liable to any (roceedings in any co!rt in res(ect of
(assed by arliament !nder #la!se $%& of ,rticle -; or with an offence !nder the
Sedition ,ct -.%1 as amended by the Emergency $Essential owers& Brdinance
No. %@, -./;.
Artil! nu"#!r$ /+
/+& arliament shall by law (ro6ide for the rem!neration of members of each 7o!se.
Artil! nu"#!r$ /,
/,&
'%( There shall be a #lerk to the Senate and a #lerk to the 7o!se of
4e(resentati6es.
')( The #lerk to the Senate and the #lerk to the 7o!se of 4e(resentati6es shall be
a((ointed by the 9ang di2ert!an ,gong and, s!b"ect to #la!se $0&, each shall
hold office !ntil he attains the age of si*ty years or s!ch other age as arliament
may by law (ro6ide, !nless he sooner resigns his office?
ro6ided that this #la!se shall not be taken to (re6ent the 9ang di2ert!an ,gong
from making the a((ointment from amongst the members of the (!blic ser6ices to
which art G a((lies for s!ch shorter (eriod as he may deem fir, and this (ro6iso
shall be deemed to ha6e been an integral (art of this ,rticle as from Merdeka )ay.
'*( The #lerk to the Senate and the #lerk to the 7o!se of 4e(resentati6es may be
remo6ed from office on the like gro!nds and in the like manner as a "!dge of the
S!(reme #o!rt, e*ce(t that the re(resentation mentioned in ,rticle -'@ $0& shall
be a re(resentation made by the resident of the Senate or, as the case may be, the
S(eaker of the 7o!se of 4e(resentati6es.
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0.
'+( E*ce(t as otherwise e*(ressly (ro6ided by this ,rticle, the :!alifications for
a((ointment and condition of ser6ice of the #lerk to the Senate and the #lerk to
the 7o!se of 4e(resentati6es, and of member of the staff of the 7o!ses of
arliament, may be reg!lated by federal law.
',( The #lerk to the Senate, the #lerk to the 7o!se of 4e(resentati6es and
member of the staff of arliament are dis:!alified for being members of either
7o!se of arliament or the +egislati6e ,ssembly of any State.
PART I: - THE FEDERATION
C6a7t!r , - L!=islati<! 7ro!2ur!
Artil! nu"#!r$ //
//&
'%( The (ower of arliament to make laws shall be e*ercised by Dills (assed by
both 7o!ses $or, in the cases mentioned in ,rticle A1, the 7o!se of
4e(resentati6es& and, e*ce(t as otherwise (ro6ided in this ,rticle, assented to by
the 9ang di2ert!an ,gong.
')( S!b"ect to ,rticle A/, a Dill may originate in either 7o!se.
'*( =hen a Dill has been (assed by the 7o!se in which it originated it shall be
sent to the other 7o!se3 and it shall be (resented to the 9ang di2ert!an ,gong
for his assent when it has been (assed by the other 7o!se and agreement has been
reached between the two 7o!ses and any amendments made in it or when it is
re:!ired to be so (resented !nder ,rticle A1.
'+( The 9ang di2ert!an ,gong shall within thirty days after a Dill is (resented to
him 2
'a( assent to the Dill by ca!sing the !blic Seal to be affi*ed thereto3 or
o
'#( if it is not a money Dill, ret!rn the Dill to the 7o!se in which it
o
originated with a statement of the reasons for his ob"ection to the Dill, or
to any (ro6ision thereof.
'+A( 5f the 9ang di2ert!an ,gong ret!rns a Dill to the 7o!se in which it
originated in accordance with #la!se $%& $b&, the 7o!se shall as soon as (ossible
(roceed to reconsider the Dill. 5f after s!ch reconsideration the Dill is (assed by
the 6otes of not less than two2thirds of the total n!mber of members of that 7o!se
in the case of a Dill for making any amendment to the #onstit!tion other than any
amendment e*ce(ted (!rs!ant to ,rticle -@., and by a sim(le ma"ority in the case
of any other Dill, with or witho!t amendment, it shall be sent together with the
ob"ections to the other 7o!se, by which it shall likewise be reconsidered, and if
similarly a((ro6ed by members of that 7o!se, the Dill shall again be (resented to
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%;
the 9ang di2ert!an ,gong for assent and the 9ang di2ert!an ,gong shall gi6e
his assent thereto within thirty days after the Dill is (resented to him.
'+.( 5f a Dill is not assented to by the 9ang di2ert!an ,gong within the time
s(ecified in #la!se $%& $a& or $%,& hereof, it shall become law at the e*(iration of
the time as s(ecified in #la!se $%& $a& or $%,&, as the case may be, in the like
manner as if he had assented to it.
',( , Dill shall become law on being assented to by the 9ang di2ert!an ,gong
or as (ro6ided in #la!se $%D&, b!t no law shall come into force !ntil it has been
(!blished, witho!t (re"!dice, howe6er, to the (ower of arliament to (ost(one the
o(eration of any law or to make laws with retros(ecti6e effect.
'/( Nothing in this ,rticle or in ,rticle A1 shall in6alidate any law confirming an
!ndertaking gi6en by the Federal <o6ernment to the effect that a Dill to which the
!ndertaking relates shall not be (resented to the 9ang di2ert!an ,gong for his
assent e*ce(t in accordance with the !ndertaking.
Artil! nu"#!r$ /0
/0&
'%( , Dill or amendment making (ro6ision $whether directly or indirectly& for 2
been sent to the Senate at least one month before the end of the session, is not
(assed by the Senate witho!t amendment within a month, it shall be (resented to
the 9ang di2ert!an ,gong for his assent !nless the 7o!se of 4e(resentati6es
otherwise directs.
')( =here 2
the S(eaker of the 7o!se of 4e(resentati6es only (ro6ision dealing with all or
any of the following matters, that is to say 2
'a( the matters mentioned in ,rticle A/ $-& or the reg!lation of any ta*3
o
'#( the red!ction of any s!ch amo!nt as is mentioned in (aragra(h $d& of
o
,rticle A/ $-&3 and
'(any matter incidental to those matters or any of them, is certified by
o
him as a money Dill.
PART I: - THE FEDERATION
C6a7t!r / - Ca7aity as r!s7!ts 7ro7!rty, ontrats an2 suits
Artil! nu"#!r$ /3
/3&
'%( The Federation has (ower to ac:!ire, hold and dis(ose of (ro(erty of any kind
4!lers and 9ang di2ert!a29ang diHert!a Negeri of the States shall take
(recedence o6er all other (ersons and each 4!ler or 9ang di2ert!a Negeri shall
in his own State take (recedence o6er the other 4!lers and 9ang di2ert!a29ang
di2ert!a Negeri.
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%0
')( S!b"ect to #la!se $-&, the 4!lers shall take (recedence o6er the 9ang di2
hold, en"oy and e*ercise the constit!tional rights and (ri6ileges of 4!ler of that
State in accordance with the #onstit!tion of that State3 b!t any dis(!te as to the
title to the s!ccession as 4!ler of any State shall be determined solely by s!ch
a!thorities and in s!ch manner as may be (ro6ided by the #onstit!tion of that
State.
')( #la!se $-& shall, with the necessary modifications a((ly in relation to a 4!ling
o!t in art 5 of the Eighth Sched!le, with or witho!t the modifications allowed
!nder #la!se $@& $hereinafter referred to as Fthe essential (ro6isionsF& or
(ro6isions s!bstantially to the same effect, or contains (ro6isions inconsistent
with the essential (ro6isions, arliament may, notwithstanding anything in this
#onstit!tion, by law make (ro6ision for gi6ing effect in that State to the essential
(ro6isions or for remo6ing the inconsistent (ro6isions.
',( The (ro6isions set o!t in art 5 of the Eighth Sched!le may be modified by
s!bstit!ting for section ' or section % or both the (ro6isions set o!t in art 55 of
that Sched!le as an alternati6e thereto 2
'a( in the case of e6ery State, !ntil the dissol!tion of the second
o
+egislati6e ,ssembly constit!ted in accordance with those (ro6isions or
those (ro6isions so modified3
'#( in the case of erlis, !ntil f!rther time as the +egislati6e ,ssembly of
o
that State may resol6e and, as res(ects the (ro6ision set o!t in section ' of
that Sched!le, indefinitely.
'/( , law made for a State in (!rs!ance of this ,rticle shall, !nless sooner
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%%
'a( #la!se $@& shall not a((ly3 b!t
o
'#( !ntil the end of ,!g!st -./@, or s!ch earlier date as the 9ang di2
o
ert!an ,gong with the conc!rrence of the 9ang di2ert!a Negeri may by
order direct, #la!se $%& shall a((ly as if the reference to the modifications
allowed !nder #la!se $@& were a reference to the modifications made by
the #onstit!tion of the State as in force on Malaysia )ay.
'1( $4e(ealed&.
Artil! nu"#!r$ 0)
0)&
'%( The 6alidity of any (roceedings in the +egislati6e ,ssembly of any State shall
anything said or any 6ote gi6en by him when taking (art in (roceedings of the
+egislati6e ,ssembly of any State or of any committee thereof.
'*( No (erson shall be liable to any (roceedings in any co!rt in res(ect of
anything said or any 6ote gi6en by him when taking (art in (roceedings of the
+egislati6e ,ssembly of any State or of any committee thereof.
'+( #la!se $'& shall not a((ly to any (erson charged with an offence !nder the law
(assed by arliament !nder #la!se $%& of ,rticle -; or with an offence !nder the
Sedition ,ct -.%1 as amended by the Emergency $Essential owers& Brdinance
No. %@, -./;.
PART :I - RELATIONS .ETWEEN THE
FEDERATION AND THE STATES
C6a7t!r % - Distri#ution of l!=islati<! 7o>!rs
Artil! nu"#!r$ 0*
0*& 5n e*ercising the legislati6e (owers conferred on it by this #onstit!tion 2
'a( arliament may make laws for the whole or any (art of the Federation and
,rticle, arliament may make laws with res(ect to any of the matters en!merated
in the Federal +ist of the #onc!rrent +ist $that is to say, the First or Third +ist set
o!t in the Ninth Sched!le&.
')( =itho!t (re"!dice to any (ower to make laws conferred on it by any other
,rticle, the +egislat!re of a State may make laws with res(ect to any of the
matters en!merated in the State +ist $that is to say, the Second +ist set o!t in the
Ninth Sched!le& or the #onc!rrent +ist.
'*( The (ower to make laws conferred by this ,rticle is e*ercisable s!b"ect to any
matters en!merated in the +ists set o!t in the Ninth Sched!le the generality of the
former shall not be taken to be limited by the latter.
Artil! nu"#!r$ 0,
0,& 5f any State law is inconsistent with a federal law, the federal law shall (re6ail and the
State law shall, to the e*tent of the inconsistency, be 6oid.
Artil! nu"#!r$ 0/
0/&
'%( arliament may make laws with res(ect to any matter en!merated in the State
+ist, b!t only as follows, that is to say?
'a( for the (!r(osed of im(lementing any treaty, agreement or con6ention
o
between the Federation and any other co!ntry, or any decision of an
international organi8ation of which the Federation is a member3 or
'#( for the (!r(ose of (romoting !niformity of the laws of two or more
o
State3 or
'(if so re:!ested by the +egislati6e ,ssembly of any State.
o
')( No law shall be made in (!rs!ance of (aragra(h $a& of #la!se $-& with res(ect
to any matters of 5slamic law or the c!stom of the Malays or to any matters of
nati6e law or c!stom in the States of Sabah and Sarawak and no Dill for a law
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%A
!nder that (aragra(h shall be introd!ced into either 7o!se of arliament !ntil the
<o6ernment or any State concerned has been cons!lted.
'*( S!b"ect to #la!se $%&, a law made in (!rs!ance of (aragra(h $b& or (aragra(h
$c& of #la!se $-& shall not come into o(eration in any State !ntil it has been
ado(ted by a law made by the +egislat!re of that State, and shall then be deemed
to be a State law and not a federal law, and may accordingly be amended or
re(ealed by a law made by the +egislat!re.
'+( arliament may, for the (!r(ose only of ens!ring !niformity of law and (olicy,
make laws with res(ect to land ten!re, the relations of landlord and tenant,
registration of titles and deeds relating to land, transfer of land, mortgages, leases
and charges in res(ect of land, easements and other rights and interests in land,
com(!lsory ac:!isition of land, rating and 6al!ation of land, and local
go6ernment3 and #la!ses $-& $b& and $0& shall not a((ly to any law relating to any
s!ch matter.
Artil! nu"#!r$ 0/a
0/A&
'%( 5t is hereby declared that the (ower of arliament to make laws with res(ect to
,ct of arliament as mentioned in #la!se $-& may, if and to the e*tent that the ,ct
so (ro6ides, amend or re(eal $as regards the State in :!estion& any federal law
(assed before that ,ct.
'*( ,ny matter with res(ect to which the +egislat!re of a State is for the time
being a!thorised by ,ct of arliament to make laws shall for (!r(oses of ,rticles
/., 1; and 1' be treated as regards the State in :!estion as if it were a matter
en!merated in the #onc!rrent +ist.
Artil! nu"#!r$ 00
00& The +egislat!re of a State shall ha6e (ower to make laws with res(ect to any matter
not en!merated in any of the +ists set o!t in the Ninth Sched!le, not being a matter in
res(ect of which arliament has (ower to make laws.
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Artil! nu"#!r$ 01
01& 5n so far as any law made by arliament or any reg!lation made in (!rs!ance of s!ch
a law restricts the rights of a State or its residents to the !se for na6igation or irrigation of
any ri6er wholly within that State it shall not ha6e effect in that State !nless it has been
a((ro6ed by a resol!tion of the +egislati6e ,ssembly of that State s!((orted by a
ma"ority of the total n!mber of its members.
Artil! nu"#!r$ 03
03&
'%( =here it a((ears to the (residing officer of either 7o!se of arliament or of
!ntil fo!r weeks ha6e ela(sed since its (!blication, !nless the (residing officer,
being satisfied that the State <o6ernments, or as the case may be, the Federal
<o6ernment, ha6e been cons!lted, allows it to be (roceeded with on the gro!nd
of !rgency.
PART :I - RELATIONS .ETWEEN THE
FEDERATION AND THE STATES
C6a7t!r ) - Distri#ution of !;!uti<! 7o>!rs
Artil! nu"#!r$ 14
14&
'%( S!b"ect to the following (ro6isions of this ,rticle the e*ec!ti6e a!thority of
the Federation e*tends to all matters with res(ect to which arliament may make
laws, and the e*ec!ti6e a!thority of a State to all matters with res(ect to which the
+egislat!re of that State may make laws.
')( The e*ec!ti6e a!thority of the Federation does not e*tend to any matter
en!merated in the State +ist, e*ce(t in so far is (ro6ided in ,rticles .0 to .@, nor
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%1
to any matter en!merated in the #onc!rrent +ist, e*ce(t in so far as may be
(ro6ided by federal or State law3 and so far as federal or State law confers
e*ec!ti6e a!thority on the Federation with res(ect to any matter en!merated in the
#onc!rrent +ist it may do so to the e*cl!sion of the e*ec!ti6e a!thority of the
State.
'*( So far as a law made !nder ,rticle /A $%& makes (ro6isions for conferring
e*ec!ti6e a!thority on the Federation it shall not o(erate in any State !nless
a((ro6ed by resol!tion of the +egislati6e ,ssembly of that State.
'+( Federal law may (ro6ide that the e*ec!ti6e a!thority of a State shall e*tend to
the administration of any s(ecified (ro6isions of federal law and may for that
(!r(ose confer (owers and im(ose d!ties or any a!thority of the State.
',( S!b"ect to any (ro6isions of federal or State law, arrangements may be made
between the Federation and a State for the (erformance of any f!nctions by the
a!thorities of the one on behalf of the a!thorities of the other and s!ch
arrangements may (ro6ide for the making of (ayments in res(ect of any costs
inc!rred !nder the arrangements.
'/( =here, in (!rs!ance of #la!se $%&, any f!nctions are conferred by federal law
on any a!thority of a State the Federation shall make s!ch (ayments to the State
as may be agreed between the Federation and the State or as may in defa!lt of
agreement be determined by a trib!nal a((ointed by the +ord resident of the
S!(reme #o!rt.
Artil! nu"#!r$ 1%
1%& The e*ec!ti6e a!thority of e6ery State shall be so e*ercised2
'a( as to ens!re com(liance with any federal law a((lying to that State3 and
'#( as not to im(ede or (re"!dice the e*ercise of the e*ec!ti6e a!thority of the
Federation.
PART :I - RELATIONS .ETWEEN THE
FEDERATION AND THE STATES
C6a7t!r * - Distri#ution of finanial #ur2!ns
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%.
Artil! nu"#!r$ 1)
1)& =here any law or e*ec!ti6e action relating to any of the matters en!merated in the
#onc!rrent +ist in6ol6es e*(endit!re, s!ch action shall be taken !nder this #onstit!tion
as will ens!re that, !nless otherwise agreed, the b!rden of that e*(endit!re is borne2
'a( by the Federation, if the e*(endit!re res!lts either from federal commitments
or from State commitments !ndertaken in accordance with federal (olicy and with
the s(ecific a((ro6al of the Federal <o6ernment3
'#( by the State or States concerned, if the e*(endit!re res!lts from State
land, is needed for federal (!r(oses, that <o6ernment may, after cons!ltation with
the State <o6ernment, re:!ire the State <o6ernment, and it shall then be the d!ty
of that <o6ernment, to ca!se to be made to the Federation, or to s!ch (!blic
a!thority as the Federal <o6ernment may direct, s!ch grant of the land as the
Federal <o6ernment may direct?
ro6ided that the Federal <o6ernment shall not re:!ire the grant of any land
reser6ed for a State (!r(ose !nless it is satisfied that it is in the national interest so
to do.
')( =here in accordance with #la!se $-& the Federal <o6ernment re:!ires the
State <o6ernment to ca!se to be made a grant of land in (er(et!ity, the grant shall
be made witho!t restrictions as to the !se of the land b!t shall be s!b"ect to the
(ayment ann!ally of an a((ro(riate :!it rent and the Federation shall (ay to the
State a (remi!m e:!al to the market 6al!e for the grant3 and where the Federal
<o6ernment so re:!ires the State <o6ernment to ca!se to be granted any other
interest in land, the Federation shall (ay to the State the "!st ann!al rent therefor
and s!ch (remi!m, if any is re:!ired by the State <o6ernment, as may be "!st?
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ro6ided that if the 6al!e of the land has been increased by means of any
im(ro6ement made $otherwise than at the e*(ense of the State& while the land was
reser6ed for federal (!r(oses, the increase shall not be taken into consideration in
determining the market 6al!e, rent or (remi!m for the (!r(oses of this #la!se.
'*( =here a re:!irement is made !nder #la!se $-& in res(ect of any land which, at
the date of the re:!irement, was intended for any State (!r(ose, then if2
'a( other land is ac:!ired by the State for that (!r(ose in s!bstit!tion for
o
the first2mentioned land3 and
'#( the cost of the land so ac:!ired e*ceeds the amo!nt (aid by the
o
Federation $otherwise than as rent& in accordance with #la!se $'& in
res(ect of the interest granted to the Federation,
the Federation shall (ay to the State s!ch s!m as may be "!st in res(ect of the
e*cess.
'+( =here a f!rther grant is made in (!rs!ance of this ,rticle in res(ect of land an
interest in which is 6ested in the Federation or any (!blic a!thority, any s!ms
(ayable by way of (remi!m !nder #la!se $'& in res(ect of the f!rther grant shall
be red!ced by an amo!nt e:!al to the market 6al!e of any im(ro6ements made
$otherwise than at the e*(ense of the State& since that interest became 6ested as
aforesaid.
',( The foregoing (ro6isions of this ,rticle $e*ce(t #la!se $0&& shall a((ly in
relation to alienated land as they a((ly in relation to land not being alienated land,
b!t s!b"ect to the following modifications?
'a( in #la!se $-&, the words Fafter cons!ltation with the State
o
<o6ernmentF shall be omitted3
'#( where a re:!irement is made !nder that #la!se, it shall be the d!ty of
o
the State <o6ernment to ca!se to be ac:!ired by agreement or
com(!lsorily s!ch interest in the land as may be necessary for com(lying
with the re:!irement3
'(any e*(enses inc!rred by the State in or in connection with the
o
ac:!isition of land in accordance with (aragra(h $b& shall be re(aid by the
Federation, e*ce(t that if the ac:!isition is by agreement the Federation
shall not, !nless it is (arty to the agreement, by liable to (ay more than it
wo!ld ha6e (aid on a com(!lsory ac:!isition3
'2( any s!m (aid by the Federation to the State in accordance with
o
(aragra(h $c& shall be taken into consideration in determining for the
(!r(oses of #la!se $'& the market 6al!e, the a((ro(riate :!it rent or the
"!st ann!al rent, and shall be ded!cted from any (remi!m to be (aid by the
Federation !nder that #la!se.
'/( =here a grant is made to the Federation in (!rs!ance of #la!se $-& in res(ect
federal (!r(oses on s!ch terms and conditions as may be agreed between the
Federal <o6ernment and the <o6ernment of the State, or affect the (ower of the
a((ro(riate a!thority in a State to ac:!ire in accordance with any law for the time
being in force any alienated land for federal (!r(oses witho!t a re:!irement by
the Federal <o6ernment !nder this ,rticle.
Artil! nu"#!r$ 1+
1+&
'%( =here any interest in land in a State 6ested in the Federation or a (!blic
a!thority for federal (!r(oses ceases to be re:!ired for federal (!r(oses, it shall
re6ert to that State if the State <o6ernment agrees to (ay to the Federation2
'a( in a case where the land, or an interest therein, was ac:!ired by the
o
State <o6ernment in (!rs!ance of #la!se $@& of ,rticle 10, or was
ac:!ired by the State <o6ernment at the e*(ense of the <o6ernment of the
Federation of Malaya before Merdeka )ay, an amo!nt e:!al to the market
6al!e of the interest 6ested in the Federation or (!blic a!thority3
'#( in any other case, at the o(tion of the State <o6ernment, either2
o
'i( an amo!nt e:!al to the market 6al!e of that interest3 or
C
'ii( an amo!nt e:!al to the s!ms (aid $otherwise than as rent& by
C
the Federation, or by the <o6ernment of the Federation of Malaya
before Merdeka )ay, in res(ect of the grant of that interest,
together with the market 6al!e of any im(ro6ements made
$otherwise than at the e*(ense of the State& to the land after that
grant.
')( =here any interest in land to which #la!se $-& a((lies does not re6ert to the
State in accordance with that #la!se, the Federal <o6ernment or the (!blic
a!thority, as the case may be, may sell the interest on s!ch terms and conditions
as that <o6ernment or a!thority may think fit.
Artil! nu"#!r$ 1,
1,&
'%( =here any land in a State which is reser6ed for any federal (!r(oses ceases to
be re:!ired for those (!r(oses, the Federal <o6ernment shall offer to release the
land to the State on condition that the State (ays to the Federation2
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'a( the market 6al!e of any im(ro6ements made $otherwise than at the
o
e*(ense of the State& while the land was in !se for federal (!r(oses3 and
'#( the amo!nt, if any, (aid by the Federation, or (aid before Merdeka
o
)ay by the <o6ernment of the Federation of Malaya, in res(ect of the cost
of ac:!isition of any interest in the land by the State <o6ernment3
and if the State <o6ernment acce(ts the offer the reser6ation shall cease.
')( =here the State <o6ernment does not acce(t an offer made in accordance
with #la!se $-&, then, !nless by agreement between the Federal <o6ernment and
the State <o6ernment the land is reser6ed for another federal (!r(ose, the Federal
<o6ernment may re:!ire the State <o6ernment, and it shall then be the d!ty of
that <o6ernment, to ca!se to be made to the Federation a grant of the land in
(er(et!ity witho!t restrictions as to the !se of the land, b!t s!b"ect to the (ayment
of a (remi!m e:!al to the market 6al!e of the land red!ced by the amo!nts which
wo!ld ha6e been (ayable to the Federation !nder #la!se $-& if the said offer had
been acce(ted, and to the (ayment ann!ally of an a((ro(riate :!it rent3 and where
s!ch a grant is made to the Federation, the Federal <o6ernment may sell and
transfer or lease the land on s!ch terms and conditions as it may think fit.
'*( E*ce(t as (ro6ided by this ,rticle, land in a State which is reser6ed for federal
(!r(oses shall not cease to be so reser6ed, and all land so reser6ed shall be
controlled and managed by or on behalf of the Federal <o6ernment.
Artil! nu"#!r$ 1/
1/&
'%( =here any interest in land is 6ested in the Federation, the Federation may,
s!b"ect to ,rticle 1% and to #la!se $'& of this ,rticle, dis(ose of that interest or
any smaller interest in the land.
')( E6ery s!ch dis(osition of an interest in land shall be made conditional on the
land being !sed for a federal (!r(ose s(ecified therein, and no s!ch dis(osition
shall be made to a (erson other than a (!blic a!thority e*ce(t2
'a( !nder and in accordance with the (ro6isions of federal law3 or
o
'#( by an order of the 9ang2di2ert!an ,gong laid and a((ro6ed in
o
accordance with #la!se $0&?
ro6ided that nothing in this #la!se shall a((ly to a dis(osition a!thorised by
,rticle 1% or ,rticle 1@, or to a dis(osition by the Federation to any (erson for the
(!r(oses of the im(lementation of any treaty, agreement or con6ention with any
other co!ntry, or to any (erson in his ca(acity as cons!lar or di(lomatic
re(resentati6e of any other co!ntry.
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'*( ,n order of the 9ang2di2ert!an ,gong !nder (aragra(h $b& of #la!se $'&
shall be laid before both 7o!ses of arliament and shall not take effect !ntil it is
a((ro6ed by resol!tion of each 7o!se.
'+( E*ce(t as (ro6ided by ,rticle 1%, no interest in land 6ested for federal
any (!blic a!thority in (!rs!ance of this ,rticle or of ,rticle 1% and 1@, it shall be
the d!ty of the <o6ernment of that State to register the transaction accordingly.
'/( The foregoing (ro6isions of this ,rticle shall not a((ly to any land or interest
of co!rt framed by the 4!les #ommittee or other a!thority ha6ing (ower !nder
written law to make r!les or orders reg!lating the (ractice and (roced!re of the
S!(reme #o!rt.
'+( ,n a((eal shall lie from the +ands Trib!nal to the S!(reme #o!rt on any
:!estion of law.
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Artil! nu"#!r$ 11
11& 5n their a((lication to any of the States not ha6ing a 4!ler, ,rticles 10 to 1/ shall
ha6e effect2
'a( s!b"ect to s!ch ada(tations $if any& as arliament may by law (ro6ide, being
ada(tations re:!ired to sec!re that they a((ly $as nearly as (racticable ha6ing
regard to differences in the system of land ten!re& in the same manner as they
a((ly to other States and
'#( in the case of the States of Sabah and Sarawak with the omission in article 10
State ,!thority, or for the de(ri6ation, of the ownershi( of any Malay reser6ation,
or of any right or interest therein, on acco!nt of any (erson, or any cor(oration,
com(any or other body $whether cor(orate or !nincor(orated& holding the same
ceasing to be :!alified or com(etent !nder the rele6ant law relating to Malay
reser6ations to hold the same, shall not be in6alid on the gro!nd of inconsistency
with ,rticle -0.
')( ,ny land in a State which is not for the time being a Malay reser6ation in
accordance with the e*isting law and has not been de6elo(ed or c!lti6ated may be
declared as a Malay reser6ation in accordance with that law?
ro6ided that2
'a( where any land in a State is declared a Malay reser6ation !nder this
o
#la!se, an e:!al area of land in that State which has not been de6elo(ed or
c!lti6ated shall be made a6ailable for general alienation3 and
'#( the total area of land in a State for the time being declared as a Malay
o
reser6ation !nder this #la!se shall not at any time e*ceed the total area of
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land in that State which has been made a6ailable for general alienation in
(!rs!ance of (aragra(h $a&.
'*( S!b"ect to #la!se $%&, the <o6ernment of any State may, in accordance with
any land which at time of the declaration is owned or occ!(ied by a (erson who is
not a Malay or in or o6er which s!ch a (erson has then any right or interest.
',( =itho!t (re"!dice to #la!se $0&, the <o6ernment of any State may, in
accordance with law, ac:!ire land for the settlement of Malays or other
comm!nities, and establish tr!sts for that (!r(ose.
'/( 5n this ,rticle FMalay reser6ationF means land reser6ed for alienation to
Malays or to nati6es of the State in which it lies3 and FMalayF incl!des any (erson
who, !nder the law of the State in which he is resident, is treated as a Malay for
the (!r(oses of the reser6ation of land.
'0( S!b"ect to ,rticle -A-a, this ,rticle shall ha6e effect notwithstanding any
other (ro6ision of this #onstit!tion3 b!t $witho!t (re"!dice to any s!ch other
(ro6ision& no land shall be retained or declared as a Malay reser6ation e*ce(t as
(ro6ided by this ,rticle and ,rticle .;.
'1( The (ro6isions of this article shall a((ly to the Federal Territory of K!ala
+!m(!r in the like manner that they a((ly to a state, sa6e that #la!se $-& in its
a((lication to the Federal Territory of K!ala +!m(!r shall be modified to read
that any land in the Federal Territory of K!ala +!m(!r which immediately before
Merdeka )ay was a Malay reser6ation in accordance in accordance with that law
!ntil otherwise (ro6ided by an ,ct of arliament (assed by a ma"ority of the total
n!mber of members of each 7o!se of arliament and by the 6otes of not less than
two2 thirds of the members (resent and 6oting in each 7o!se.
Artil! nu"#!r$ 34
34&
'%( Nothing in this #onstit!tion shall affect the 6alidity of any restrictions
im(osed by the law on the transfer or lease of c!stomary land in the State of
Negeri Sembilan or the State of Malacca, or of any interesting s!ch land.
'%A( For the (!r(ose of #la!se $-& 2
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'a( FtransferF incl!des any charge, transmission or 6esting, or creation of
o
any lien or tr!st, or entry of any ca6eat, or any other form of dealing or
dis(osal of whate6er descri(tion or nat!re3 and
'#( FleaseF incl!des any tenancy of whate6er form or d!ration.
o
')( Notwithstanding anything in this #onstit!tion, the e*isting law in the State of
Trenggan! with res(ect to Malay holdings shall contin!e in force !ntil otherwise
(ro6ided by an Enactment of the +egislat!re of that State (assed and a((ro6ed as
described in #la!se $-& of ,rticle 1..
'*( ,ny s!ch Enactment of the +egislat!re of the State of Terenggan! may make
(ro6ision for Malay reser6ations corres(onding with the e*isting law in force in
any other State of a r!ler3 and in that e6ent the said ,rticle 1. shall ha6e effect in
relation to Trenggan! s!b"ect to the following modifications, that is to say2
'a( in #la!se $-&, for the reference to land which immediately before
o
Meredeka )ay was a Malay reser6ation in accordance with the e*isting
law, there shall be s!bstit!ted a reference to land which, immediately
before the (assing of the said Enactment, was a Malay holding3 and
'#( s!b"ect as aforesaid, any reference to the e*isting law shall be
o
constr!ed as a reference to the said Enactment.
Artil! nu"#!r$ 3%
3%&
'%( There shall be a National +and #o!ncil consisting of a Minister as chairman,
one re(resentati6e from each of the States, who shall be a((ointed by the 4!ler of
9any di2 ert!a Negeri, and s!ch n!mber of re(resentati6es of the Federal
<o6ernment as that <o6ernment may a((oint, b!t s!b"ect to #la!se $@& of ,rticle
.@E, the n!mber of re(resentati6es of the Federal <o6ernment shall not e*ceed -;.
')( The chairman may 6ote on any :!estion before the National +and #o!ncil b!t
often as he considers necessary b!t there shall be at least one meeting in e6ery
year.
'+( 5f the chairman of a re(resentati6e of a State or of the Federal <o6ernment in
!nable to attend a meeting, the a!thority by whom he was a((ointed may a((oint
another (erson to take his (lace at that meeting.
',( 5t shall be the d!ty of the National +and #o!ncil to form!late from time to
time in cons!ltation with the Federal <o6ernment, the State <o6ernments and the
National Finance #o!ncil a national (olicy for the (romotion and control of the
!tilisation of land thro!gho!t the Federation for mining, agric!lt!re, forestry or
any other (!r(ose, and for the administration of any laws relating thereto3 and the
Federal and State <o6ernments shall follow the (olicy so form!lated.
'/( The Federal <o6ernment or the <o6ernment of any State my cons!lt the
National +and #o!ncil in res(ect of any other matter relating to the !tili8ation of
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land or in res(ect of any (!r(osed legislation dealing with land or of the
administration of any s!ch law, and it shall be the d!ty of the National +and
#o!ncil to ad6ise that <o6ernment on any s!ch matters.
PART :I - RELATIONS .ETWEEN THE
FEDERATION AND THE STATES
C6a7t!r , - National 2!<!lo7"!nt
Artil! nu"#!r$ 3)
3)&
'%( 5f, after a recommendation from an e*(ert committee and after cons!ltation
with the National Finance #o!ncil, The National +and #o!ncil and the
<o6ernment of any State concerned, the 9ang di2 ert!an ,gong is satisfied that
it is cond!cti6e to the national interest that a de6elo(ment (lan be (!t into
o(eration in any area or areas in one or more of the States, the 9ang di2 ert!an
,gong may, after (!blishing the (lan, (roclaim the area or areas as a de6elo(ment
area3 and there!(on arliament shall ha6e (ower to gi6e effect to the de6elo(ment
(lan or any (art thereof, notwithstanding that any of the matters to which the (lan
relates are matters with res(ect to which, a(art from this ,rticle, only States
wo!ld ha6e (ower to make laws.
')( ,ny ,ct (assed in (!rs!ance of this ,rticle shall recite that it has been so
(assed and that the (ro6isions of #la!se $-& ha6e been com(lied with3 and ,rticle
/. shall not a((ly ta any Dill for s!ch an ,ct or any amendment to s!ch a Dill.
'*( 5n this ,rticle, Fde6elo(ment (lanF means a (lan for the de6elo(ment,
State which incl!des the whole or any (art of the de6elo(ment area that any
e*(endit!re inc!rred in o(erating the de6elo(ment (lan is to be met by the State,
any e*(endit!re so met shall be re(aid to the State and the re(ayment shall rank
(ari (ass! with the re(ayment to the Federation of any e*(endit!re inc!rred by
the Federation.
'0( arliament may re(eal or amend any ,ct (assed in (!rs!ance of this ,rticle,
and for that (!r(ose may make s!ch incidental and conse:!ential (ro6isions as it
may consider necessary.
'1( Nothing in this ,rticle shall affect the (ower of arliament or of the
#ommission or otherwise&, a!thorise s!ch s!r6eys and collect and (!blish s!ch
statistics as it thinks fit, notwithstanding that s!ch in:!iries, s!r6eys and
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collection and (!blication of statistics relate to a matter with regard to which the
+egislat!re of a State may make laws.
')( 5t shall be the d!ty if the <o6ernment of a State, and of all officers and
any officer a!thorised by the Federal <o6ernment may ins(ect any de(artment or
work of a State <o6ernment with a 6iew to making a re(ort thereon to the Federal
<o6ernment.
')( , re(ort made !nder this ,rticle shall, if the Federal <o6ernment so direct, to
dealing only with or carried on only with res(ect to matters within the e*cl!si6e
legislati6e a!thority of a State.
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PART :I - RELATIONS .ETWEEN THE
FEDERATION AND THE STATES
C6a7t!r 0 - National Counil for Loal Go<!rn"!nt
Artil! nu"#!r$ 3,a
3,A&
'%( There shall be a National #o!ncil for +ocal <o6ernment consisting of a
Minister as #hairman, one re(resentati6e from each of the States, who shall be
a((ointed by the 4!ler or 9ang di2 ert!a Negeri, and s!ch n!mber of
re(resentati6es of the Federal <o6ernment as that <o6ernment may a((oint b!t,
s!b"ect to #la!s $@& of ,rticle .@E, the n!mber of re(resentati6es of the Federal
<o6ernment shall not e*ceed ten.
')( The #hairman may 6ote on any :!estion before the National #o!ncil for
the #hairman as often as he considers necessary b!t there shall be at least one
meeting in e6ery year.
'+( 5f the #hairman or a re(resentati6e of a State or of the Federal <o6ernment is
!nable to attend a meeting, the a!thority by whom he was a((ointed may a((oint
another (erson to take his (lace at that meeting.
',( 5t shall be the d!ty of the National #o!ncil for +ocal <o6ernment to form!late
from time to time in cons!ltation with the Federal <o6ernment and the State
<o6ernments a National (olicy for the (romotion, de6elo(ment and control of
local go6ernment thro!gho!t the Federation and for the administration of any
laws relating thereto3 and the Federal and State <o6ernments shall follow the
(olicy so form!lated.
'/( 5t shall also be the d!ty of the Federal <o6ernment and the <o6ernment of any
State to cons!lt the National #o!ncil for +ocal <o6ernment in res(ect of any
(ro(osed legislation dealing with local go6ernment and it shall be the d!ty of the
National #o!ncil for +ocal <o6ernment to ad6ise those <o6ernments on any s!ch
matter.
'0( The Federal <o6ernment or the <o6ernment of any State may cons!lt the
National #o!ncil for +ocal <o6ernment in res(ect of any other matter relating to
local go6ernment, and it shall be the d!ty of the National #o!ncil and +ocal
<o6ernment to ad6ise that <o6ernment on any s!ch matter.
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PART :I - RELATIONS .ETWEEN THE
FEDERATION AND THE STATES
C6a7t!r 1 - A77liation to Stat!s of Sa#a6 an2 Sara>a?
Artil! nu"#!r$ 3,#
3,.&
'%( 5n the case of the States of Sabah and Sarawak2
'a( the s!((lement to +ist 55 set o!t in the Ninth Sched!le shall be deemed
o
to form (art of the State +ist, and the matters en!merated therein shall be
deemed not to be incl!ded in the Federal +ist or #onc!rrent +ist3 and
'#( the s!((lement to +ist 555 set o!t in the Ninth Sched!le shall3 s!b"ect to
o
the State +ist, be deemed to form (art of the #onc!rrent +ist, and the
matters en!merated therein shall be deemed not to be incl!ded in the
Federal +ist $b!t not so as to affect the constr!ction of the State +ist,
where it refers to the Federal +ist&.
')( =here by 6irt!e of #la!se $-& an item is incl!ded in the #onc!rrent +ist for a
State for a (eriod only, the e*(iration or termination of that (eriod shall not affect
the contin!ed o(eration of any State law (assed by 6irt!e of the item, sa6e as
(ro6ided by federal or State law.
'*( The +egislat!re of the State of Sabah or Sarawak may also make laws for
im(osing sales ta*es, and any sales ta* im(osed by State law in the State of Sabah
or Sarawak shall be deemed to be among the matters en!merated in the State +ist
and not in the Federal +ist3 b!t2
'a( there shall not in the charging or administration of a State sales ta* be
o
any discrimination between goods of the same descri(tion according to the
(lace in which they originate3 and
'#( the charge for any federal sales ta* shall be met o!t of s!ms collected
o
from a (erson liable for that ta* before the charge for a State sales ta*.
Artil! nu"#!r$ 3,
3,C&
'%( S!b"ect to the (ro6isions of any ,ct of arliament (assed of the Malaysia )ay,
the 9ang di2 ert!an ,gong may by order make as res(ects any State any s!ch
(ro6ision as may be made by ,ct of arliament2
'a( for a!thorising the +egislator of the State to make laws as mentioned
o
in ,rticle /A,3 or
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'#( for e*tending the e*ec!ti6e a!thority of the State, and the (owers or
o
d!ties of any a!thority of the State, as mentioned in #la!se $%& of ,rticle
1;.
')( ,n order made by the 6irt!e of (aragra(h $a& of #la!se $-& shall not a!thorise
to an order !nder (aragra(h $a& res(ecti6ely of #la!se $-& of this ,rticle as they
a((ly in relation to an ,ct of arliament.
'+( =here an order !nder this ,rticle is re6oked by a later order, the later order
may incl!de (ro6ision for contin!ing in force $generally or to s!ch e*tent or for
s!ch (!r(oses as the order may s(ecify& any State law (assed by 6irt!e of the
earlier order or any s!bsidiary legislation made or thing done !nder any s!ch
State law, and from the coming into o(eration of the later order any State law
thereby contin!ed in force shall ha6e effect as federal law?
ro6ided that no (ro6ision shall be contin!ed in force by 6irt!e of this #la!se if
or in so far as it co!ld not ha6e been made by ,ct of arliament.
',( ,ny order of the 9ang di2 ert!an ,gong !nder this ,rticle shall be laid
<o6ernment shall not be re:!ired to follow the (olicy form!lated by the National
+and #o!ncil or by the National #o!ncil for +ocal <o6ernment, as the case may
be, b!t the re(resentati6e of the State shall not be entitled to 6ote on :!estions
before the #o!ncil.
'*( Ender ,rticle .' no area in the State shall be (roclaimed a de6elo(ment area
for the (!r(oses of any de6elo(ment (lan witho!t the conc!rrence of the 9ang di2
ert!a Negeri.
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'+( Ender #la!se $-& of ,rticle .% $!nder which in res(ect of matters in the State
+ist the Federation may cond!ct research, gi6e ad6ice and technical assistance,
etc.& the agric!lt!ral and forestry officers of the State of Sabah and Sarawak shall
consider, b!t shall not be re:!ired to acce(t, (rofessional ad6ice gi6en to the
<o6ernment of the State.
',( #la!se $'& shall cease to a((ly to a State2
s!b"ect to the (ro6isions of this #onstit!tion and of federal law, be (aid into and
form one f!nd, to be known as the Federal #onsolidated F!nd.
')( ,ll re6en!es and moneys howsoe6er raised or recei6ed by a State shall,
s!b"ect to #la!se $0& and to any law, be (aid into and form one f!nd, to be known
as the #onsolidated F!nd of the State.
'*( 5f in accordance with State law or in res(ect of the Federal Territories of
K!ala +!m(!r and +ab!an, in accordance with federal law any Iakat, Fitrah,
Dait2!l2Mal or similar 5slamic religio!s re6en!e is raised, it shall be (aid into a
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se(arate f!nd and shall not be (aid o!t e*ce(t !nder the a!thority of State law or
federal law, as the case may be.
'+( Enless the conte*t otherwise re:!ires, any reference in this #onstit!tion to the
of this art, the Federation may ded!ct the amo!nt of any debt charges (ayable to
the Federation by the State and charged on the #onsolidated F!nd of that State.
'*( For the (!r(oses of this ,rticle debt charges incl!de interest, sinking f!nd
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'a( the total s!ms re:!ired to meet e*(endit!re charged on the
o
#onsolidated F!nd3 and
'#( s!b"ect to #la!se $0&, the s!ms re:!ired to meet the e*(endit!re for
o
other (!r(oses (ro(osed to be met from the #onsolidated F!nd.
'*( The s!ms to be shown !nder (aragra(h $b& of #la!se $'& do not incl!de2
'a( s!ms re(resenting the (roceeds of any loan raised by the Federation for
o
s(ecific (!r(oses and a((ro(riated for those (!r(oses by the ,ct
a!thorising the raising of the loan3
'#( s!ms re(resenting any money or interest on money recei6ed by the
o
Federation s!b"ect to a tr!st and to be a((lied in accordance with the terms
of the tr!st3
'(s!ms re(resenting any money held by the Federation which has been
o
recei6ed or a((ro(riated for the (!r(ose of any tr!st f!nd established by or
in accordance with Federal law.
'+( The said statement shall also show, so far as is (racticable, the assets and
liabilities of the Federation at the end of the last com(leted financial year, the
manner in which those assets are in6ested or held, and the general (!r(oses in
res(ect of which those liabilities are o!tstanding.
Artil! nu"#!r$ %44
%44& The e*(endit!re to be met from the #onsolidated F!nd b!t not charged thereon,
other than e*(endit!re to be met by s!ch s!ms as are mentioned in #la!se $0& of ,rticle
.., shall be incl!ded in a Dill, to be known as a S!((ly Dill, (ro6iding for the iss!e from
the #onsolidated F!nd of the s!ms necessary to meet that e*(endit!re and the
a((ro(riation of those s!ms for the (!r(oses s(ecified therein.
Artil! nu"#!r$ %4%
%4%& 5f in res(ect of any financial year it is fo!nd2
'a( that the amo!nt a((ro(riated by the S!((ly ,ct for any (!r(ose is ins!fficient,
or that a need has arisen for e*(endit!re for a (!r(ose for which no amo!nt has
been a((ro(riated by the S!((ly ,ct3 or
'#( that any moneys ha6e been e*(ended for any (!r(ose in e*cess of the amo!nt
of the year3
'#( to a!thorise by law e*(endit!re for the whole or (art of the year otherwise
for a!thorising the Minister charged with res(onsibility for finance, if satisfied
that there has arisen an !rgent and !nforeseen need for e*(endit!re for which no
other (ro6ision e*ists, to make ad6ances from the #ontingencies F!nd to meet
that need.
')( =here any ad6ance is made in accordance with #la!se $-&, a s!((lementary
estimate shall be (resented and a S!((ly Dill introd!ced as soon as (ossible for
the (!r(ose of re(lacing the amo!nt so ad6anced.
Artil! nu"#!r$ %4+
%4+&
'%( S!b"ect to #la!se $'&, no moneys shall be withdrawn from the #onsolidated
,rticle ...
'*( No moneys shall be withdrawn from the #onsolidated F!nd e*ce(t in the
ert!an ,gong on the ad6ice of the rime Miister and after cons!ltation with the
#onference of 4!lers.
')( , (erson who has held the office of ,!ditor <eneral shall be eligible for re2
a((ointment b!t shall not be eligible for any other a((ointment in the ser6ice of
the Federation or for any a((ointment in the ser6ice of a State.
'*( The ,!ditor <eneral may at any time resign his office b!t shall not be
remo6ed from office e*ce(t on the like gro!nds and in the like manner as a "!dge
of the S!(reme #o!rt.
'+( arliament shall by law (ro6ide for the rem!neration of the ,!ditor <eneral,
,!ditor <eneral shall not be altered to his disad6antage after his a((ointment.
'/( S!b"ect to the (ro6isions of this ,rticle, the terms and conditions of ser6ice of
the ,!ditor <eneral shall be determined by federal law and, s!b"ect to the
(ro6isions of federal law, by the 9ang di2 ert!an ,gong.
Artil! nu"#!r$ %4/
%4/&
'%( The acco!nts of the Federation and of the States shall be a!dited and re(orted
in relation to the acco!nts of the Federation and of the States and to the acco!nts
of other (!blic a!thorities and of those bodies which are s(ecified by order made
by the 9ang di2 ert!an ,gong, as may be (ro6ided by federal law.
Artil! nu"#!r$ %40
%40&
'%( The ,!ditor <eneral shall s!bmit his re(orts to the 9ang di2 ert!an ,gong,
s!ch other Ministers as the rime Minister may designate, and one re(resentati6e
from each of the States, a((ointed by the 4!ler or 9ang di2 ert!a Negeri.
')( The National Finance #o!ncil shall be s!mmoned to meet by the rime
re(resented by another Minister of the Federation, and the rime Minister or, if he
is not (resent, the Minister re(resenting him, shall (reside.
'+( 5t shall be the d!ty of the Federal <o6ernment to cons!lt the National Finance
of any other matter, whether or not it in6ol6es :!estions of finance, and the
<o6ernment of a State may cons!lt the said #o!ncil in res(ect of any matter
which affects the financial (osition of that State.
Artil! nu"#!r$ %43
%43&
'%( The Federation shall make to each State in res(ect of each financial year2
b!t if the effect of any s!ch law is to red!ce grant, (ro6ision shall be made in that
law for sec!ring that the amo!nt of grant recei6ed by any State in res(ect of any
financial year is not less than ninety (er cent of the amo!nt recei6ed by that State
in the (receding financial year.
'*( arliament may by law make grants for s(ecific (!r(oses to any of the States
to make ad6ances from that F!nd for meeting an !rgent and !nforeseen need for
e*(endit!re shall incl!de (ower to make s!ch ad6ances to a State for meeting
s!ch a need.
'/( The Federation shall (ay into a f!nd, to be known as the State 4eser6e F!nd2
'a( $4e(ealed&
o
'#( in res(ect of e6ery financial year s!ch s!m as the Federal <o6ernment
o
may, after cons!ltation with the National Finance #o!ncil, determine to be
necessary3
and the Federation may from time to time, after cons!ltation with the National
Finance #o!ncil, make grants o!t of the State 4eser6e F!nd to any State for
(!r(oses of de6elo(ment or generally to s!((lement its re6en!es.
Artil! nu"#!r$ %%4
%%4&
'%( S!b"ect to #la!se $'&, each of the States shall reser6e all (roceeds from the
ta*es, fees and other so!rces of re6en!e s(ecified in art 555 of the Tenth Sched!le
so far as collected, le6ied or raised within the State.
')( arliament may from time to time by law s!bstit!te for any so!rce of re6en!e
or !nder federal law, ten (er cent or s!ch greater amo!nt as may be so (ro6ided of
the e*(ort d!ty on tin (rod!ced in the State.
'*A( arliament may by law (ro6ide that each State shall recei6e, on s!ch terms
or $0,&, arliament may by law (ro6ide for (rohibiting or restricting, in, or e*ce(t
in, s!ch cases as may be (ro6ided by or !nder the law, the le6ying of royalties on
or similar charges in res(ect of minerals $whether !nder a lease or other
instr!ment or !nder any State enactment, and whether the instr!ment was made or
the enactment (assed before or after the coming into o(eration of this #la!se&.
'+( =itho!t (re"!dice to the (ro6isions of #la!ses $-& to $0,&, arliament may by
law2
'a( assign to the States the whole or any (ortion of the (roceeds of any ta*
o
or fee raised or le6ied by the Federation3 and
'#( assign to the States the res(onsibility of collecting for State (!r(oses
o
any ta* or fee a!thorised by federal law.
',( The amo!nts recei6able by the States !nder #la!se $-&, $'& or $%& shall not be
(aid into the #onsolidated F!nd? and the amo!nts recei6able by the States !nder
#la!ses $0& and $0,& shall be charged on the #onsolidated F!nd.
Artil! nu"#!r$ %%%
%%%&
'%( The Federation shall not borrow e*ce(t !nder the a!thority of federal law.
')( , State shall not borrow e*ce(t !nder the a!thority of State law, and State law
shall not a!thorise a State to borrow e*ce(t from the Federation or, for a (eriod
not e*ceeding fi6e years, from a bank or other financial so!rce a((ro6ed for that
(!r(ose by the Federal <o6ernment, and s!b"ect to s!ch conditions as may be
s(ecified by the Federal <o6ernment.
'*( , State shall not gi6e any g!arantee e*ce(t !nder the a!thority of State law,
and s!ch g!arantee shall not be gi6en e*ce(t with the a((ro6al of the Federal
<o6ernment and s!b"ect to s!ch conditions as may be s(ecified by it.
Artil! nu"#!r$ %%)
%%)&
'%( S!b"ect to #la!se $'&, no State shall, witho!t the a((ro6al of the Federation,
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'a( non2(ensionable a((ointments the ma*im!m salaries of which do not
o
e*ceed fo!r h!ndred ringgit (er month or s!ch other amo!nt as may be
fi*ed by order by the 9ang di2 ert!an ,gong3 or
'#( (ensionable a((ointments the ma*im!m salaries of which do not
o
e*ceed one h!ndred ringgit (er month or s!ch other amo!nt as may be
fi*ed by order by the 9any di2 ert!an ,gong.
PART :II - FINANCIAL PRO:ISIONS
C6a7t!r ) - A77liation to Stat!s of Sa#a6 an2 Sara>a?
Artil! nu"#!r$ %%)a
%%)A&
'%( The ,!ditor <eneral shall s!bmit his re(orts relating to the acco!nts of each
of the States of Sabah and Sarawak, or to the acco!nts of any (!blic a!thority
e*ercising (owers 6ested in it by the State law in either of those States, to the
9ang di2 ert!an ,gong $who shall ca!se them to be laid before the 7o!se of
4e(resentati6es& and to the 9ang di2 ert!a Negeri of the State3 and accordingly
#la!se $'& of ,rticle -;/ shall not a((ly to those re(orts.
')( The 9ang di2 ert!a Negeri shall ca!se any s!ch re(ort s!bmitted to him to be
mentioned in #la!se $-& for any (eriod ending before the year -.A. shall, in the
State of Sabah and Sarawak, be e*ercised and discharged on his behalf by the
senior officer of his de(artment for the time being stationed in the State in
:!estion?
ro6ided that d!ring the absence or inca(acity of that officer, or a 6acancy in his
(ost, those (owers and d!ties shall be e*ercised and discharged by the ,!ditor
<eneral or s!ch officer of his de(artment as he may designate.
Artil! nu"#!r$ %%)#
%%).& #la!se $'& of ,rticle --- shall not restrict the (ower of the State of Sabah and
Sarawak to borrow !nder the a!thority of State law within the State, if the borrowing has
the a((ro6al of the #entral Dank for the time being of the Federation.
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Artil! nu"#!r$ %%)
%%)C&
'%( S!b"ect to the (ro6isions of ,rticle --') and to any limitation e*(ressed in
the amo!nts recei6able by the State of Sabah and Sarawak !nder section 0 or % of
the said art J, shall be charged on the #onsolidated F!nd3 and the amo!nts
otherwise recei6able by the State of Sabah and Sarawak !nder the said art J
shall not be (aid into the #onsolidated F!nd.
'*( 5n ,rticle --;, #la!ses $0,& and $%& shall not a((ly to the State of Sabah and
Sarawak.
'+( S!b"ect to #la!se $@& of ,rticle --'), in relation to the State of Sabah and
the Tenth Sched!le, and any s!bstit!ted or additional grant made by 6irt!e of this
#la!se, shall at the inter6als mentioned in #la!se $%& be re6iewed at the
<o6ernments of the Federation and the State or State concerned, and if the agree
on the alteration or abolition of any of those grants, or the making of another grant
instead of or as well as those grants or any of them, the said art 5J and #la!se $'&
of ,rticle --'# shall be modified by order of the 9ang di2 erta!n ,gong as may
be necessary to gi6e effect of the agreement?
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ro6ided that on the first re6iew the grant s(ecified in s!bsection $'& of section -
of the said art 5J shall not be bro!ght into :!estion e*ce(t for the (!r(ose of
fi*ing the amo!nts for the ens!ing fi6e years.
')( ,ny re6iew !nder this ,rticle shall take into acco!nt the financial (osition of
the Federal <o6ernment, as well as the needs of the States or State concerned, b!t
$s!b"ect to that& shall endea6o!r to ens!re that the State re6en!e is ade:!ate to
meet the cost of State ser6ices as they e*ist at the time of the re6iew, with s!ch
(ro6ision for their e*(ansion as a((ears reasonable.
'*( The (eriod for which (ro6ision is to be made on a re6iew shall be a (eriod of
fi6e years or $e*ce(t in the case of the first re6iew& s!ch longer (eriod as may be
agreed between the Federation and the States or State concerned? b!t any order
!nder #la!se $-& gi6ing effect to the res!lts of a re6iew shall contin!e in force
after the end of that (eriod, e*ce(t in so far as it is s!(erseded by a f!rther order
!nder that #la!se.
'+( , re6iew !nder this ,rticle shall not take (lace earlier than is reasonably
necessary to sec!re that effect can be gi6en to the res!lts of the re6iew from the
end of the year -.A1 of, in the case of a second or s!bse:!ent re6iew, from the
end of the (eriod (ro6ider for by the (receding re6iew3 b!t, s!b"ect to that,
re6iews shall be held as regards both the States of Sabah and Sarawak for (eriods
beginning with the year -.A. and with the year -./%, and thereafter as regards
either of them at s!ch time $d!ring or after the (eriod (ro6ided for on the
(receding re6iew& as the <o6ernment of the Federation or of the State may
re:!ire.
',( 5f on the occasion of any re6iew !nder this ,rticle the <o6ernment of the
Federation gi6e notice to the States or State concerned of their intension to 6ary
any of the assignments of re6en!e !nder art J of the Tenth Sched!le $incl!ding
any s!bstit!ted or additional assignment made by 6irt!e of this #la!se&, or 6ary
#la!se $%& of ,rticle --'#, the re6iew shall take the 6ariation into acco!nt, and
(ro6ision shall be made by order of the 9ang di2 ert!an ,gong so as to gi6e
effect to the 6ariation from the beginning of the (eriod (ro6ided for on the re6iew?
ro6ided that this #la!se shall not a((ly to the assignments !nder section %, / and
1, and shall not a((ly to that !nder section @ or A !ntil the second re6iew.
'/( 5f on any re6iew the Federal <o6ernment and the <o6ernment of a State are
cons!lt the National Finance #o!ncil in res(ect of matters arising !nder this
,rticle.
'1( ,ny order of the 9ang di2 ert!an ,gong !nder this ,rticle shall be laid
,rticle --%, which, s!b"ect to the (ro6isions of federal law, shall cond!ct
elections to the 7o!se of 4e(resentati6es and the +egislati6e ,ssemblies of the
States and (re(are and re6ise electoral rolls for s!ch elections.
')(
!nder ,rticle ' it is necessary to !ndertake the re6iews mentioned in #la!se $'&,
they shall do so, whether or not eight years ha6e ela(sed since the last re6iew
!nder this #la!se.
'*A(
the Election #ommission may make r!les, b!t any s!ch r!les shall ha6e effect
s!b"ect to the (ro6isions of federal law.
'/( There shall be se(arate re6iews !nder #la!se $'& for the States of Malaya and
for each of the States of Sabah and Sarawak, and for the (!r(oses of this art the
e*(ression F!nit of re6iewF shall mean, for federal constit!encies, the area !nder
re6iew and, for State constit!encies, the State and the e*(ression FStates of
MalayaF shall incl!de the Federal Territory of K!ala +!m(!r and the Federal
Territory of +ab!an.
'0( S!b"ect to #la!se $0&, the (eriod for the first re6iews !nder #la!se $'& for any
!nit of re6iew shall be calc!lated from the first delimitation of constit!encies for
that !nit !nder this #onstit!tion or !nder the Malaysia ,ct.
'1( Notwithstanding #la!se $/& of this ,rticle the (eriod for re6iews !nder #la!se
$'& for the !nit of re6iew of the States of Malaya !ndertaken after the (assing of
the #onstit!tion $,mendment& $No. '& ,ct -./0 shall be calc!lated from the first
delimitation of constit!encies for that !nit immediately following the (assing of
that ,ct.
'3( The date of the commencement of a re6iew !nder #la!se $'& or #la!se $0,&,
as the case may be, shall be the date of the (!blication in the <a8ette of the notice
referred to in section % of the Thirteenth Sched!le.
'%4( The date of the com(letion of a re6iew !nder #la!se $'& or #la!se $0,&, as
the case may be, shall be the date of the s!bmission of the re(ort to the rime
Minister !nder section 1 of the Thirteenth Sched!le, and a notice of s!ch date
shall be (!blished by the Election #ommission in the <a8ette.
Artil! nu"#!r$ %%+
%%+&
'%( The Election #ommission shall be a((ointed by the 9ang di2 ert!an ,gong
after cons!ltation with the #onference of 4!lers, and shall consist of a chairman,
a de(!ty chairman and three other members.
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')( 5n a((ointing members of the Election #ommission the 9ang di2 ert!an
the age of si*ty2 fi6e years or on becoming dis:!alified !nder #la!se $%& and may
at any time resign his office by writing !nder his hand addressed to the 9ang di2
ert!an ,gong, b!t shall not be remo6ed from office e*ce(t on the like gro!nds
and in the like manner as a "!dge of the S!(reme #o!rt.
'+( Notwithstanding anything in #la!se $0&, the 9ang di2 ert!an ,gong shall by
order remo6e from office any member of the Election #ommission if s!ch
member2
'a( is an !ndischarged bankr!(t3 or
o
'#( engages in any (aid office or em(loyment o!tside the d!ties of his
o
office3 or
'(is a member of either 7o!se of arliament or of the +egislati6e
o
,ssembly of a State.
'+A( 5n addition to any dis:!alification (ro6ided !nder #la!se $%&, the chairman
of the Election #ommission shall be dis:!alified from holding s!ch office if after
three months of his a((ointment to s!ch office or at any time thereafter he is or
becomes a member of any board of directors or board of management, or an
officer or em(loyee, or engages in the affairs or b!siness, of any organi8ation or
body, whether cor(orate or otherwise or of any commercial, ind!strial or other
!ndertaking, whether or not he recei6es any rem!neration, reward, (rofit or
benefit from it?
ro6ided that s!ch dis:!alification shall not a((ly where s!ch organi8ation or
body carries o!t any welfare or 6ol!ntary work or ob"ecti6e beneficial to the
comm!nity or any (art thereof, or any other work or ob"ecti6e of a charitable or
social nat!re, and the member does not recei6e any rem!neration, reward, (rofit
or benefit from it.
',( arliament shall by law (ro6ide for the rem!neration of members of the
the terms of office of members of the Election #ommission other than their
rem!neration.
'/( The rem!neration and other terms of office of a member of the Election
granted lea6e of absence by the 9ang di2 ert!an ,gong or is !nable, owing to his
absence from the Federation, illness or any other ca!se, to discharge his f!nctions,
the de(!ty chairman shall discharge the f!nctions of the chairman d!ring that
(eriod, and if the de(!ty chairman is also absent or !nable to discharge s!ch
f!nctions, a member of the Election #ommission may be a((ointed by the 9ang
di2 ert!an ,gong to discharge the f!nctions of the chairman d!ring that (eriod.
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Artil! nu"#!r$ %%,
%%,&
'%( The Election #ommission may em(loy s!ch n!mber of (ersons, on s!ch terms
and s!b"ect to s!ch conditions, as the #ommission may with the a((ro6al of the
9ang di2 ert!an ,gong determine.
')( ,ll (!blic a!thorities shall on the re:!est of the #ommission gi6e the
so that one member shall be elected for each constit!ency, and of that total in the
States of Malaya a n!mber determined in accordance with the (ro6isions
contained in ,rticle %A and the Thirteenth Sched!le shall be allocated to each
State.
'*( $4e(ealed&.
'+( $4e(ealed&.
',( $4e(ealed&.
'a( has attained the age of twenty2 one years on the :!alifying date3 and
o
'#( is resident in a constit!ency on s!ch :!alifying date or, if not so
o
resident, is an absent 6oter,
is entitled to 6ote in that constit!ency in any election to the 7o!se of
4e(resentati6es or the +egislati6e ,ssembly !nless he is dis:!alified !nder
#la!se $0& or !nder any law relating to offences committed in connection with
elections3 b!t no (erson shall in the same election 6ote in more than one
constit!ency.
')( 5f a (erson is in a constit!ency by reason only of being a (atient in an
electoral rolls are (re(ared or re6ised, and Fabsent 6oterF means in relation to any
constit!ency any citi8en who is registered as an absent 6oter in res(ect of that
constit!ency !nder the (ro6isions of any law relating to elections.
Artil! nu"#!r$ %)4
%)4& =here in accordance with ,rticle %@ $%& (ro6ision is made by arliament for the
election of Senators by the direct 6ote of electors2
'a( the whole of a State shall form a single constit!ency and each elector shall
ha6e as many 6otes at any election to the Senate as there are seats to be filled in
that election3 and
'#( the electoral rolls for elections to the 7o!se of 4e(resentati6es shall also be
the Mahkamah ,g!ng $S!(reme #o!rt& and shall ha6e its (rinci(le registry in
K!ala +!m(!r, that is to say2
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1;
'a( e*cl!si6e "!risdiction to determine a((eals from decisions of a 7igh
o
#o!rt or a "!dge thereof $e*ce(t decision of a 7igh #o!rt gi6en by a
registrar or other officer of the co!rt and a((ealable !nder federal law to a
"!dge of the #o!rt&3
'#( s!ch original or cons!ltati6e "!risdiction as is s(ecified in ,rticles -'1
o
and -0;3 and
'(s!ch other "!risdiction as may be conferred by or !nder federal law.
o
o
'*( S!b"ect to any limitations im(osed by or !nder federal law, any order, decree,
be, the 9ang di2 ert!an ,gong shall act on the ad6ice of the rime Minister, who
shall cons!lt the #hief Ministers of the States of Sabah and Sarawak and the #hief
J!stice of the 7igh #o!rt.
Artil! nu"#!r$ %))
%))&
'%( The S!(reme #o!rt shall consist of a (resident of the #o!rt $to be styled Fthe
+ord resident of the S!(reme #o!rtF&, of the #hief J!stices of the 7igh #o!rts
and, !ntil the 9ang di2 ert!an ,gong by order otherwise (ro6ides, of fo!r other
"!dges and s!ch additional "!dges as may be a((ointed (!rs!ant to #la!se $-,&.
'%A( Notwithstanding anything in this #onstit!tion contained, the 9ang di2
ert!an ,gong acting on the ad6ice of the +ord resident of the S!(reme #o!rt
may a((oint for s!ch (!r(oses or for s!ch (eriod as he may s(ecified any (erson
who has held high "!dicial office in Malaysia to be an additional "!dge of the
S!(reme #o!rt?
ro6ided that no s!ch additional "!dge shall be ineligible to hold office by reason
of ha6ing attained the age of si*ty2 fi6e years.
')( , "!dge of 7igh #o!rt other than the #hief J!stice may sit as a "!dge of the
S!(reme #o!rt where the +ord resident considers that the interests of "!stice so
re:!ire, and the "!dge shall be nominated for the (!r(ose $as occasion re:!ires&
by the +ord resident.
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1-
Artil! nu"#!r$ %))a
%))A&
'%( Each of the 7igh #o!rts shall consist of a #hief J!dge and not less than fo!r
other "!dges3 b!t the n!mber of other "!dges shall not, !ntil the 9ang di2 ert!an
,gong by order otherwise (ro6ides, e*ceed2
'a( in the 7igh #o!rt in Malaya, twel6e3 and
o
'#( in the 7igh #o!rt in Dorneo, eight.
o
'($4e(ealed&.
o
')( ,ny (erson :!alified for a((ointment as a "!dge of 7igh #o!rt may sit as a
"!dge of that co!rt, if designated for the (!r(ose $as occasion re:!ires& in
accordance with ,rticle -''D.
'*( For the dis(atch of b!siness of the 7igh #o!rt in Dorneo in an area in which a
"!dge of the co!rt is not the time being a6ailable to attend to b!siness of the co!rt,
the 9ang di2 ert!an ,gong acting on the ad6ice of the +ord resident of the
S!(reme #o!rt, or for an area in either State the 9ang di2 ert!a Negeri of the
State acting on the ad6ice of the #hief J!stice of the co!rt, may by order a((oint
to be "!dicial commissioner in that area for s!ch (eriod or for s!ch (!r(oses as
may be s(ecified in the order an ad6ocate or (erson (rofessionally :!alified to be
admitted an ad6ocate of the co!rt.
'+( S!b"ect to any limitations or conditions im(osed by the order a((ointing him,
a "!dicial commissioner shall ha6e (ower, in the area for which he is a((ointed, to
(erform s!ch f!nctions of a "!dge of the 7igh #o!rt in Dorneo as a((ear to him to
re:!ire to be (erformed witho!t delay3 and anything done by a "!dicial
commissioner when acting in accordance with his a((ointment shall ha6e the
same 6alidity and effect as if done by a "!dge of that co!rt, and in res(ect thereof
he shall ha6e the same (owers and en"oy the same imm!nities as if he had been a
"!dge of that co!rt.
',( For the dis(atch of b!siness of the 7igh #o!rt in Malaya3 the 9ang di2
ert!an ,gong acting on the ad6ice of the +ord resident of the S!(reme #o!rt,
may by order a((oint to be "!dicial commissioner for s!ch (eriod or s!ch
(!r(oses as may be s(ecified in the order any (erson :!alified for a((ointment as
a "!dge of 7igh #o!rt3 and the (erson so a((ointed shall ha6e (ower to (erform
s!ch f!nctions of a "!dge of the 7igh #o!rt in Malaya as a((ear to him to re:!ire
to be (erformed3 and anything done by him when acting in accordance with his
a((ointment shall ha6e the same 6alidity and effect as if done by a "!dge of that
co!rt, and in res(ect thereof he shall ha6e the same (owers and en"oy the same
imm!nities as if he had been a "!dge of that co!rt.
Artil! nu"#!r$ %))#
%)).&
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1'
'%( The +ord resident of the S!(reme #o!rt, and chief "!stices of the 7igh
#o!rts and $s!b"ect to ,rticle -''#& the other "!dges of the S!(reme #o!rt and of
the 7igh #o!rt shall be a((ointed by the 9ang di2 ert!an ,gong, acting on the
ad6ice of the rime Minister, after cons!lting the #onference of 4!lers.
')( Defore tendering his ad6ice as to the a((ointment !nder #la!se $-& of a "!dge
other than the +ord resident of the S!(reme #o!rt, the rime Minister shall
cons!lt the +ord resident.
'*( Defore tendering his ad6ice as to the a((ointment !nder #la!se $-& of the
#hief J!stice of a 7igh #o!rt, the rime Minister shall cons!lt the #hief J!stice
of each of the 7igh #o!rts and, if the a((ointment is to the 7igh #o!rt in Dorneo,
the #hief Minister of each of the States of Sabah and Sarawak.
'+( Defore tendering his ad6ice as to the a((ointment !nder #la!se $-& of a "!dge
other than the +ord resident or a #hief J!stice, the rime Minister shall cons!lt,
if the a((ointment is to the S!(reme #o!rt, the #hief J!stice of each of the 7igh
#o!rts and, if the a((ointment is to one of the 7igh #o!rts, the #hief J!stice of
that co!rt.
',( This ,rticle shall a((ly to the designation of a (erson to sit as "!dge of a 7igh
#o!rt !nder ,rticle -'', $'& as it a((lies to the a((ointment of a "!dge of the
co!rt other than the #hief J!stice.
'/( Notwithstanding the dates of their res(ecti6e a((ointments as "!dges of the
S!(reme #o!rts or of the 7igh #o!rts, the 9ang di2 ert!an ,gong, acting on the
ad6ice of the rime Minister gi6en after cons!lting the +ord resident, may
determine the order of (recedence of the "!dges among themsel6es.
Artil! nu"#!r$ %))
%))C& ,rticle -''D shall not a((ly to the transfer to a 7igh #o!rt, otherwise than as
#hief J!stice of a "!dge of another 7igh #o!rt other than the #hief J!stice3 and s!ch a
transfer may be made by the 9ang di2 erta!n ,gong, on the recommendation of the
+ord resident of the S!(reme #o!rt, after cons!lting the #hief J!stices of the two 7igh
#o!rts.
Artil! nu"#!r$ %)*
%)*& , (erson is :!alified for a((ointment !nder ,rticle -''D as a "!dge of the S!(reme
#o!rt or as a "!dge of any of the 7igh #o!rts if2
'a( he is a citi8en, and
'#( for the ten years (receding his a((ointment he has been an ad6ocate of those
co!rts or any of them or a member of the "!dicial and legal ser6ice of the
Federation or of the legal ser6ice of a State, or sometimes one and sometimes
another.
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10
Artil! nu"#!r$ %)+
%)+&
'%( The +ord resident of the S!(reme #o!rt shall before e*ercising the f!nctions
of his office take and s!bscribe the oath of office and allegiance set o!t in the
Si*th Sched!le, and shall do so in the (resence of the 9ang di2 ert!an ,gong.
')( , "!dge of the S!(reme #o!rt or a 7igh #o!rt, other than the +ord resident
of the S!(reme #o!rt, shall before e*ercising the f!nctions of a "!dge take and
s!bscribe that oath in relation to his "!dicial d!ties in whate6er office, and, ha6ing
done so, shall not be re:!ired to take that oath again on a((ointment or transfer to
another "!dicial office, not being that of +ord resident.
'*( , (erson taking the oath on becoming #hief J!stice of a 7igh #o!rt shall do
so in the (resence of the senior "!dge a6ailable of that 7igh #o!rt, !nless he takes
it in accordance with #la!se $%& as a "!dge of the S!(reme #o!rt.
'+( S!b"ect to #la!se $0&, a (erson taking the oath on becoming a "!dge of the
S!(reme #o!rt shall do so in the (resence of the +ord resident or, in his absence,
the ne*t senior "!dge a6ailable of the S!(reme #o!rt.
',( , (erson taking the oath on becoming a "!dge of a 7igh #o!rt $b!t not #hief
J!stice& shall do so in the (resence of the #hief J!stice of that #o!rt or, in his
absence, the ne*t senior "!dge a6ailable of that #o!rt.
Artil! nu"#!r$ %),
%),&
'%( S!b"ect to the (ro6isions of #la!ses $'& to $@&, a "!dge of the S!(reme #o!rt
shall hold office !ntil he attains the age of si*ty2 fi6e years or s!ch later time, not
being later than si* months after he attains that age, as the 9ang di2 erta!n
,gong may a((ro6e.
')( , "!dge of the S!(reme #o!rt may at any time resign his office by writing
!nder his hand addressed to the 9ang di2 erta!n ,gong b!t shall not be remo6ed
from office e*ce(t in accordance with the following (ro6isions of this ,rticle.
'*( 5f the rime Minister, or the +ord resident after cons!lting the rime
Minister, re(resents to the 9ang di2 ert!an ,gong that a "!dge of the S!(reme
#o!rt oath to be remo6ed on the gro!nd of misbeha6io!r or of inability, from
infirmity of body or mind or of any ca!se, (ro(erly to discharge the f!nctions of
his office, the 9ang di2 erta!n ,gong shall a((oint a trib!nal in accordance with
#la!se $%& and refer the re(resentation to it3 and may on the recommendation of
the trib!nal remo6e the "!dge from office.
'+( The said trib!nal shall consist of not less than fi6e (ersons who hold or ha6e
held office as "!dge of the S!(reme #o!rt or a 7igh #o!rt or, if it a((ears to the
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1%
9ang di2 erta!n ,gong e*(edient to make s!ch a((ointment, (ersons who hold
or ha6e held e:!i6alent office in any other (art of the #ommon =ealth and shall
be (resided o6er by the member first in the following order, namely, the +ord
resident of the S!(reme #o!rt, the #hief J!stices according to their (recedence
among themsel6es, and other members according to the order of their
a((ointment to an office :!alifying them for membershi( $the older coming
before the yo!nger of two members with a((ointments of the same date.
',( ending any reference and re(ort !nder #la!se $0& the 9ang di2 erta!n
,gong may on the recommendation of the rime Minister and, in case of any
other "!dge after cons!lting the +ord resident, s!s(end a "!dge of the S!(reme
#o!rt from the e*ercise of his f!nctions.
'/( arliament shall by law (ro6ide for the en!meration so (ro6ided shall be
the terms of office of the "!dges of the S!(reme #o!rt other than their
en!meration.
'0( The en!meration and other terms of office $incl!ding (ension rights& of a
"!dge of the S!(reme #o!rt shall not be altered to his disad6antage after this
a((ointment.
'1( Notwithstanding #la!se $-& the 6alidity of anything done by a "!dge of the
S!(reme #o!rt shall not be :!estioned on the gro!nd that he has attained the age
at which he was re:!ired to retire.
'3( This ,rticle shall a((ly to a "!dge of a 7igh #o!rt as it a((lies to a "!dge of a
S!(reme #o!rt, e*ce(t that the 9ang di2 erta!n ,gong before s!s(ending !nder
#la!se $@& a "!dge of a 7igh #o!rt other than the #hief J!stice shall cons!lt the
#hief J!stice of that #o!rt instead of the +ord resident of the S!(reme #o!rt.
'%4( $4e(ealed&.
that2
'a( The +ord resident of the Federal #o!rt and a "!dge of the S!(reme
o
#o!rt may e*ercise all or any of the (owers of the "!dge of a 7igh #o!rt3
and
'#( , "!dge of the 7igh #o!rt in Malaya may e*ercise all or any of the
o
(owers of a "!dge of the 7igh #o!rt in Dorneo, and 6isa 6ersa.
')( The (ro6isions of this ,rticle shall be deemed to ha6e been an integral (art of
to determine in accordance with any r!les of co!rt reg!lating the e*ercise of s!ch
"!risdiction 2
'a( any :!estion whether a law made by arliament or by the +egislat!re
o
of a State is in6alid on the gro!nd that it makes (ro6ision with res(ect to a
matter with res(ect to a matter with res(ect to which arliament or, as the
case may be, the +egislat!re of the State has no (ower to make laws3 and
'#( dis(!tes on any other :!estion between States or between the
o
Federation and any State.
')( =itho!t (re"!dice to any a((ellate "!risdiction of the S!(reme #o!rt, where in
any (roceedings before another co!rt a :!estion arises as to the effect of any
(ro6ision of this #onstit!tion, the S!(reme #o!rt shall ha6e "!risdiction $s!b"ect
to any r!les of co!rt reg!lating the e*ercise of that "!risdiction& to determine the
:!estion and remit the case to the other co!rt to be dis(osed of in accordance with
the determination.
'*( The "!risdiction of the S!(reme #o!rt to determine a((eals from a 7igh #o!rt
for a((ointment and conditions of ser6ice of (ersons in the (!blic ser6ices other
than those mentioned in (aragra(h $g& of #la!se $-& may bge reg!lated by federal
law and, s!b"ect to the (ro6isions of any s!ch law, by 9ang di2ert!an ,gong3
and the :!alifications for a((ointment and conditions of ser6ice of (ersons in the
(!blic ser6ice of any State may be reg!lated by State law and, s!b"ect to the
(ro6isions of any s!ch law, by the 4!ler or 9ang di2ert!a Negeri of that State.
')A( E*ce(t as e*(ressly (ro6ided by this #onstit!tion, e6ery (erson who is a
member of any of the ser6ices mentioned in (aragra(hs $a&, $b&, $c&, $d&, $e&, $f&
and $h& of #la!se $-& holds office d!ring the (leas!re of the 9ang di2ert!an
,gong, and, e*ce(t as e*(ressly (ro6ided by the #onstit!tion of the State, e6ery
(erson who is a member of the (!blic ser6ice of a State holds office d!ring the
(leas!re of the 4!ler or 9ang di2ert!a Negeri.
'*( The (!blic ser6ice shall not be taken to com(rise 2
ser6ice or to members of any of the (!blic ser6ices shall not a((ly to?
'a( the #lerk to either 7o!se of arliament or any member of the Staff of
o
arliament3 or
'#( the ,ttorney <eneral or, if (ro6isions for the manner of his
o
a((ointment and remo6al from office is s(ecifically incl!ded in the
#onstit!tion of the State, or if he is a((ointed otherwise than from among
the members of the "!dicial and legal ser6ice or of the (!blic ser6ice of the
State, the legal ad6iser of any State3 or
'(a member of the (ersonal staff of the 9ang di2ert!an ,gong or of a
o
4!ler or 9ang di2ert!a Negeri3 or
'2( in the case of Malacca and enang, if (ro6ision os made by State law
o
for their a((ointment 2
'i( the resident of the 4eligio!s ,ffairs )e(artment3
C
'ii( the Secretary of the 4eligio!s ,ffairs )e(artment3
C
'iii( the M!fti3
C
'i<( the Kadi Desar3 or
C
'<( a Kadi.
C
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11
Artil! nu"#!r$ %**
%**&
'%( Joint ser6ices, common to the Federation and one more of the States or, at the
'a( (artly for federal (!r(oses and (artly for State (!r(oses3 or
o
'#( for the (!r(oses of two or more States3
o
the (ro(ortion, if any, of his ren!meration (ayable by the Federation and the State
or States concerned or, as the case may be, by each of the States concerned, shall,
s!b"ect to federal law, be determined by agreement or, in defa!lt of agreement, by
the #ommission whose "!risdiction e*tends to him.
Artil! nu"#!r$ %*+
%*+&
'%( The Federation may, at the re:!est of a State, second any member of any of
the ser6ices mentioned in (aragra(h $a&, $b&, $c&, $d& or $f& of #la!se $-& of ,rticle
-0' to the ser6ice of that State3 and a State may at the re:!est of the Federation or
of another State second any member of its own (!blic ser6ice to the ser6ice of the
Federation or, as the case may be, of that other State.
')( , (erson seconded !nder this ,rticle shall remain a member of the ser6ice to
which he belongs, b!t his ren!meration shall be (aid by the State to whose ser6ice
he is seconded or, if he is seconded to the ser6ice of the Federation, by the
Federation.
Artil! nu"#!r$ %*,
%*,&
'%( No member of any of the ser6ices mentioned in (aragra(hs $b& to $h& of
gro!nd of cond!ct in res(ect of which a criminal charge has been (ro6ed against
him3 or
'#( where the a!thority em(owered to dismiss or red!ce in rank a member of s!ch
ser6ice of a State, the 4!ler or 9ang di2ert!a Negeri of that State, is satisfied
that in the interests of the sec!rity of the Federation or any (art thereof it is not
e*(edient to carry o!t the re:!irements of this #la!se3 or
'2( where there has been made against a member of s!ch a ser6ice any order of
#la!se $-& of ,rticle -0' shall, witho!t the conc!rrence of the J!dicial and +egal
Ser6ice #ommission, be dismissed or red!ced in rank or s!ffer any other
disci(linary meas!re for anything done or omitted by him in the e*ercise of a
"!dicial f!nction conferred on him by law.
Artil! nu"#!r$ %*/
%*/& ,ll (ersons of whate6er race in the same grade in the ser6ice of the Federation shall,
s!b"ect to the terms and conditions of thier em(loyment, be treated im(artially.
Artil! nu"#!r$ %*0
%*0&
'%( There shall be an ,rmed Forces #o!ncil, which shall be res(onsible !nder the
general a!thority of the 9ang di2ert!an ,gong for the command, disci(lne and
administration of, and all other matters relating to, the armed forces, other than
matters relating to their o(eratonial !se.
')( #la!se $-& has effect s!b"ect to the (ro6isions od any federal law, and any
s!ch law may (ro6ide for the 6esting in the ,rmed Forces #o!ncil of any
f!nctions with res(ect to the armed forces.
'*( The ,rmed Forces #o!ncil shall consist of the following members, that is to
say 2
'a( the Minister for the time being charged with res(onsibility for defence,
o
who shall be #hairman3
'#( one member re(resenting Their 4oyal 7ighnesses, who shall be
o
a((ointed by the #onference of 4!lers3
'(the #hief of the ,rmed Forces Staff who shall be a((ointed by the
o
9ang di2ert!an ,gong3
'2( a ci6ilian member, being the (erson (erforming the d!ties of the office
o
of Secretary general for )efence, who shall act as Secretary to the #o!ncil3
'!(two senior staff officers of the Federation ,rmed Forces, a((ointed by
o
the 9ang di2ert!an ,gong3
'f( a senior officer of the Federation Na6y, a((ointed by the 9ang di2
o
ert!an ,gong3
'=( a senior officer for the Federation ,ir Force, a((ointed by the 9ang di2
o
ert!an ,gong3
'6( two, if any, additional members, whether military or ci6ilian,
o
a((ointed by the 9ang di2ert!an ,gong.
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.-
'+( The ,rmed Forces #o!ncil may act notwithstanding a 6acancy in its
membershi( and may, s!b"ect to this #onstit!tion and to federal law, (ro6ide for
all or any of the following matters?
'a( the organi8ation of its work and the manner in which its f!nctions are
o
to be (erformed, and the kee(ing of records and min!tes3
'#( the d!ties and res(onsibilities of the se6eral members of the #o!ncil,
o
incl!ding the delegation to any member of the #o!ncil of any of its
(owers or d!ties3
'(the cons!ltation by the #o!ncil with (ersons other than its members3
o
'2( the (roced!re to be followed by the #o!ncil in cond!cting its b!siness
o
$incl!ding the fi*ing of a :!or!m&, the a((ointment, at its o(tion, of a
6ice2chairman from among its members, and the f!nctions of the 6ice2
chairman3
'!(any other matters for which the #o!ncil considers it necessary or
o
e*(edient to (ro6ide for the better (erformance of its f!nctions.
Artil! nu"#!r$ %*1
%*1&
'%( There shall be a J!dicial and +egal Ser6ice #ommission, whose "!risdiction
to ,rticle -%%, e*tend to all (ersons who are members of the ser6ices mentioned
in (aragra(hs $c&, $e& and $f& of #la!se $-& of ,rticle -0', other than the ,!ditor
<eneral, to members of the (!blic ser6ices of the State of Malacca and the State
of enang, and, to the e*tent (ro6ided by #la!se $'&, to members of the (!blic
ser6ice of any other State.
'%A( The "!risdiction of the !blic Ser6ices #ommission shall e*tend to 2
'a( members of the general (!blic ser6ice of the Federation who are
o
em(loyed in a federal de(artment in the State of Sabah or Sarawak3
'#( members of the (!blic ser6ice of the State of Sabah or Sarawak who
o
are seconded to the general (!blic ser6ice of the Federation3 and
'(members of the (!blic ser6ice of the State of Sabah or Sarawak ser6ing
o
in federal (osts or in any (osts which ha6e become federal (osts in that
State and who ha6e e*ercised the o(tion to be members of the general
(!blic ser6ice of the Federation.
')( The legislat!re of any State other than Malacca and enang may by law
e*tend the "!risdiction of the !blic Ser6ices #ommission to all or any (ersons in
the (!blic ser6ice of that State, b!t no s!ch law shall take effect earlier than
twel6e months from the date of its (assing3 and if at any time there is not, in any
s!ch State in which no s!ch law is in force, established and e*ercising its
f!nctions a State !blic Ser6ice s!ch a!thority as may be (ro6ided in that law,
and in that e6ent, if the a!thority is other than the #ommission, the disci(linary
control e*ercisable by s!ch a!thority shall not be e*ercised by the #ommission3
and no (ro6ision of s!ch law shall be in6alid on the gro!nd of inconsistency with
any (ro6ision of this art.
')( Federal law may (ro6ide for the e*ercise of other f!nctions by the olice
Force #ommission.
'*( The olice Force #ommission shall consist of the following members, that is
to say?
'a( the Minister for the time being charged with res(onsibility for the
o
(olice, who shall be #hairman3
'#( the officer of (olice in general command of the (olice force3
o
'(the (erson (erforming the d!ties of the office of Secretary <eneral to
o
the Ministry !nder the Minister for the time being charged with
res(onsibility for the (olice3
'2( a member of the !blic Ser6ices #ommission a((ointed by the 9ang
o
di2ert!an ,gong3
'!(not less than two nor more than si* other members, a((ointed by the
o
9ang di2ert!an ,gong.
'+( The 9ang di2ert!an ,gong may designate as s(ecial (osts the (osts of
olice Force #ommission, the 9ang di2ert!an ,gong shall consider the ad6ice
of #ommission, the "!risdiction of the !blic Ser6ices #ommission shall, if
federal law so (ro6ides, e*tend to all members of the (!blic ser6ice of that State.
'*( ,ny e*tension of the "!risdiction of the !blic Ser6ice #ommission made by
the legislat!re of any State (!rs!ant to #la!se $'& may be re6oked or modified by
a law (assed by the legislat!re of s!ch State.
'+( The !blic Ser6ices #ommission shall consist of the following members
a((ointed by the 9ang di2ert!an ,gong in his discretion b!t after considering
the ad6ice of the rime Minister and after cons!ltation with the #onference of
4!lers, that is to say, a chairman, a de(!ty chairman and not less than fo!r nor
more than thirty other members.
',( Either the chairman or the de(!ty chairman shall be, and both may be,
a((ointed from among (ersons who are, or ha6e at any time within the (eriod of
fi6e years immediately (receding the date of their first a((ointment been,
members of any of the (!blic ser6ices.
'/( , member of any of the (!blic ser6ices a((ointed to be chairman or de(!ty
chairman shall not be eligible for any f!rther a((ointment in the ser6ice of the
Federation other than as a member of a #ommission to which this art a((lies.
Artil! nu"#!r$ %+4
%+4&
'%( There shall be a olice Force #ommission whose "!risdiction shall e*tend to
all (ersons who are members of the (olice force and which, s!b"ect to the
(ro6isions of any e*isting law, shall be res(onsible for the a((ointment,
confirmation, em(lacement on the (ermanent or (ensionable establishment,
(romotion, transfer and e*ercise of disci(linary control o6er members of the
(olice force?
ro6ided that arliament may by law (ro6ide for the e*ercise of s!ch disci(linary
control o6er all or any of the members of the (olice force in s!ch manner and by
the rime Minister, and may once refer the recommendation back to the
#ommission in order that it may be reconsidered.
'/( The olice Force #ommission may (ro6ide for all or any of the following
matters?
'a( the organisation of its work and the manner in which its f!nctions are
o
to be (erformed, and the kee(ing of records and min!tes3
'#( the d!ties and res(onsibilities of the se6eral members of the
o
#ommission, incl!ding the delegation to any member of the #ommission
or the (olice force or board of officers of s!ch force or a committee
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consisting of members of the #ommission and of the force of its (owers or
d!ties3
'(the cons!ltation by the #ommission with (ersons other than its
o
members3
'2( the (roced!re to be followed by the #ommission in cond!cting its
o
b!siness $incl!ding the fi*ing of a :!or!m&, the a((ointment, at its o(tion,
of a 6ice2chairman from among its members, and the f!nctions of the 6ice2
chairman3
'!(any other matters for which the #ommission considers it necessary or
o
e*(edient to (ro6ide for the better (erformance of its f!nctions.
'0( 5n this ,rticle FtransferF does not incl!de transfer witho!t change of rank
s!b"ect to ,rticle -%%, e*tend to all (ersons who are members of the ser6ice
mentioned in (aragra(h $h& of #la!se $-& of ,rticle -0'&.
')( The Ed!cation Ser6ice #ommission shall consist of the following members
a((ointed by the 9ang di2ert!an ,gong in his discretion b!t after considering
the ad6ice of the rime Minister and after cons!ltation with the #onference of
4!lers, that is to say, a #hairman, a )e(!ty #hairman and not less than fo!r b!t
not more than eight other members.
'*( , member of any of the (!blic ser6ices a((ointed to be #hairman or )e(!ty
#hairman shall not be eligible for any f!rther a((ointment in the ser6ice of the
Federation other than as a member of a #ommission to which this art a((lies.
Artil! nu"#!r$ %+)
%+)&
'%( S!b"ect to (aragra(h $a& of #la!se $0& of ,rticle -%;, a member of either
of the #ommissions to which this art a((lies if he is, and shall be remo6ed by
order of the 9ang di2ert!an ,gong if he becomes 2
'a( a member of any of the (!blic ser6ices3
o
'#( an officer or em(loyee of any local a!thority, or of any body, whether
o
cor(orate or otherwise, or of any body or a!thority established by law for
(!blic (!r(oses3
'(a member of a trade !nion or of a body or association affiliated to a
o
trade !nion.
')A( 5n addition to any dis:!alification (ro6ided !nder #la!se $'&, the chairman
of any of the #ommissions to which this art a((lies shall be dis:!alified from
holding s!ch office if after three months of his a((ointment to s!ch office or at
any time thereafter he is or becomes a member of any board of directors or board
of management, or an officer or em(loyee, or engages in the affairs or b!siness,
of any organisation or body, whether cor(orate or otherwise, or of any
commercial, ind!strial or other !ndertaking, whether or not be recei6es any
rem!neration, reward, (rofit or benefit from it?
ro6ided that s!ch dis:!alification shall not a((ly where s!ch organisation or
body carries o!t any welfare or 6ol!ntary work or ob"ecti6e beneficial to the
comm!nity or any (art thereof, or any other work or ob"ecti6e of a charitable or
social nat!re, and the member does not recei6e any rem!neration, reward, (rofit
or benefit from it.
'*( #la!se $'& does not a((ly to e* officio members3 and a member of any of the
been granted lea6e of absence by the 9ang di2ert!an ,gong or is !nable owing
to his absence from the Federation, illness or any other ca!se, to discharge his
f!nctions, the de(!ty chairman of that #ommission shall discharge the f!nctions
of the chairman d!ring that (eriod, and if the de(!ty chairman is also absent or
!nable to discharge s!ch f!nctions, a member of the #ommission may be
a((ointed by the 9ang di2ert!an ,gong to discharge the f!nctions of the
chairman d!ring that (eriod.
'+( =here, d!ring any (eriod, a member of any of the said #ommissions has been
granted lea6e of absence by the 9ang di2ert!an ,gong or is !nable, owing to his
absence from the Federation, illness or any other ca!se, to discharge his f!nctions
as a member, then 2
'a( if he is an a((ointed member, the 9ang di2ert!an ,gong may a((oint
o
to e*ercise his f!nctions d!ring that (eriod any (erson who wo!ld be
:!alified to be a((ointed in his (lace, and the a((ointment of s!ch a
(erson shall be made in the same manner as that of the member whose
f!nctions he is to e*ercise3
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'#( if he is an e* officio member, any (erson a!thorised !nder federal law
o
to (erform the f!nctions of his office may d!ring that (eriod (erform also
his f!nctions as a member of the #ommission.
',( , #ommission to which this art a((lies may act notwithstanding a 6acancy
or !nder #la!se $%& any (erson other than an e* officio member shall take and
s!bscribe before a "!dge of the S!(reme #o!rt or of a 7igh #o!rt the oath of
office and allegiance set o!t in the Si*th Sched!le.
Artil! nu"#!r$ %+*
%+*&
'%( Sa6e as (ro6ided !nder #la!se $'& of ,rticle -%', a member of a #ommission
said #ommission other than a member for whose rem!neration as holder of any
other office (ro6ision is made by federal law3 and the rem!neration so (ro6ided
shall be charged on the #onsolidated F!nd.
'*( The rem!neration and other terms of office of a member of a #ommission to
which this art a((lies shall not be altered to his disad6antage after his
a((ointment.
Artil! nu"#!r$ %++
%++&
'%( S!b"ect to the (ro6isions of any e*isting law and to the (ro6isions of this
#ommission.
'*( The 9ang di2ert!an ,gong may designate as s(ecial (osts any (ost held by
any (osts in the (!blic ser6ice of his State held by the head or de(!ty head of a
de(artment or by an officer who in his o(inion is of similar stat!s? and the
a((ointment to any (ost so designated shall not be made in accordance with
#la!se $-& b!t shall be made by the 4!ler or 9ang di2ert!a Negeri on the
recommendation of the !blic Ser6ices #ommission $or, if there is in the State a
State !blic Ser6ice #ommission, on the recommendation of that #ommission&.
',( Defore acting, in accordance with #la!se $0& or $%&, on the recommendation of
of any s!ch law, reg!lations made by the 9ang di2ert!an ,gong may,
notwithstanding the (ro6isions of #la!se $-& of ,rticle -0@, (ro6ide for the
e*ercise by any officer in a ser6ice to which the "!risdiction of a #ommission to
which this art a((lies e*tends, or by any board of s!ch officers, of any of the
f!nctions of the #ommission !nder #la!se $-&?
ro6ided that 2
'a( no s!ch law or reg!lation may (ro6ide for the e*ercise by any s!ch
o
officer or board of officers of any (ower of first a((ointment to the
(ermanent or (ensionable establishment, or of any (ower of (romotion
$other than (romotion to an acting a((ointment&3 and
'#( any (erson aggrie6ed by the e*ercise by any s!ch officer or board of
o
officers of any (ower of disci(linary control may a((eal to the
#ommission within s!ch time and in s!ch manner as may be (rescribed by
any s!ch law or reg!lations, and the #ommission may make s!ch order
thereon as it may consider "!st.
',.(
are em(loyed in (osts ancillary to the armed forces or any of them or to the (olice
force, or in res(ect of any grade of members of that ser6ice who are so em(loyed,
f!nctions of the !blic Ser6ices #ommission may, !nder #la!se $@,& or $A&, be
made e*ercisable by an officer or board of officers of the armed forces or (olice
force, as the case may be, as if he or they were members of the general (!blic
ser6ice of the Federation.
'0( 5n this ,rticle FtransferF does not incl!de transfer witho!t change of rank
#onstit!tion and of federal law, make r!les reg!lating its (roced!re and
s(ecifying the n!mber of its members which are to constit!te a :!or!m.
Artil! nu"#!r$ %+,
%+,&
'%( The 9ang di2ert!an ,gong shall, on the ad6ice of the rime Minister,
,gong or the #abinet or any Minister !(on s!ch legal matters, and to (erform
s!ch other d!ties of a legal character, as may from time to time be referred or
assigned to him by the 9ang di2ert!an ,gong or the #abinet, and to discharge
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the f!nctions conferred on him by or !nder this #onstit!tion or any other written
law.
'*( The ,ttorney <eneral shall ha6e (ower, e*ercisable at his discretion, to
a!dience, in, and shall take (recedence o6er any other (erson a((earing before,
any co!rt or trib!nal in the Federation.
',( S!b"ect to #la!se $A&, the ,ttorney <eneral shall hold office d!ring the
(leas!re of the 9ang di2ert!an ,gong and may at any time resign his office and,
!nless he is a member of the #abinet, shall recei6e s!ch rem!neration as the 9ang
di2ert!an ,gong may determine.
'/( The (erson holding the office of ,ttorney <eneral immediately (rior to the
coming into o(eration of this ,rticle shall contin!e to hold the office on terms and
conditions not less fa6o!rable than those a((licable to him immediately before
s!ch coming into o(eration and shall not be remo6ed from office e*ce(t on the
like gro!nds and in the like manner as a "!dge of the S!(reme #o!rt.
Artil! nu"#!r$ %+/
%+/&
'%( Each of the #ommissions to which this art a((lies shall make an ann!al
re(ort on its acti6ities to the 9ang di2ert!an ,gong and co(ies of those re(orts
shall be laid before both 7o!ses of arliament.
')( The !blic Ser6ices #ommission shall send a co(y of e6ery re(ort made !nder
this ,rticle to the 4!ler or 9ang di2ert!a Negeri of each State to members of
whose (!blic ser6ice their "!risdiction e*tends, and the 4!ler or 9ang di2ert!a
Negeri shall lay it before the +egislati6e ,ssembly.
Artil! nu"#!r$ %+/a
%+/A& $4e(ealed&.
Artil! nu"#!r$ %+/#
%+/.& $4e(ealed&.
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Artil! nu"#!r$ %+/
%+/C& $4e(ealed&.
Artil! nu"#!r$ %+/2
%+/D& Notwithstanding #la!se $'& of ,rticle -0%, the "!risdiction of the olice Force
#ommission shall e*tend to embers of the (!blic ser6ice of the State of Sabah or
Sarawak who are seconded to the (olice force3 and for (!r(oses of the olice Force
#ommission they shall be deemed to be members of the (olice force.
')( $4e(ealed&.
'*( $4e(ealed&.
'a( in relation to an award made before Merdeka )ay, the date on which
o
the award was made3
'#( in relation to an award made after Merdeka )ay to or in res(ect of any
o
(erson who was a member of any of the (!blic ser6ices before Merdeka
)ay, the thirtieth day of ,!g!st, nineteen h!ndred and fifty2se6en3
'(in relation to an award made to or in res(ect of any (erson who first
o
became a member of any of the (!blic ser6ices on or after Merdeka )ay,
the date on which he first became s!ch a member.
'*( For the (!r(oses of this ,rticle, where the law a((licable to an award de(ends
on the o(tion of the (erson to whom it is made, the law for which he o(ts shall be
taken to be more fa6o!rable to him than any other law for which he might ha6e
o(ted.
Artil! nu"#!r$ %+1
%+1&
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'%( 4eferences in this #onstit!tion to a #ommission to which this art a((lies are,
S!(reme #o!rt or of a 7igh #o!rt and FState !blic Ser6ice #ommissionF means,
in relation to any State, a #ommission e*ercising f!nctions in res(ect of members
of the (!blic ser6ice of the State and corres(onding in stat!s and "!risdiction to
the !blic Ser6ices #ommission.
<o back to the contents (age of the Malaysian #onstit!tion
PART @I - SPECIAL POWERS AGAINST
S-.:ERSION, ORGANISED :IOLENCE, AND
ACTS AND CRIMES PREA-DICIAL TO THE
P-.LIC AND EMERGENCB POWERS
Artil! nu"#!r$ %+3
%+3&
'%( 5f an act of (arliament recites that action has been taken or threatened by any
sooner re(ealed, cease to ha6e effect if resol!tions are (assed by both 7o!ses of
arliament ann!lling s!ch law, b!t witho!t (re"!dice to anything (re6io!sly done
by 6irt!e thereof or to the (ower of arliament to make a new law !nder this
,rticle.
Artil! nu"#!r$ %,4
%,4&
'%( 5f the 9ang di2ert!an ,gong is satisfied that a gra6e emergency e*ists
whereby the sec!rity, or the economic life, or (!blic order in the Federation or
any (art thereof is threatened, he may iss!e a roclamation of Emergency making
therein a declaration to that effect.
')( , roclamation of Emergency !nder #la!se $-& may be iss!ed before the
act!al occ!rrence of the e6ent which threatens the sec!rity, or the economic life,
or (!blic order in the Federation or any (art thereof if the 9ang di2ert!an ,gong
is satisfied that there is imminent danger of the occ!rrence of s!ch e6ent.
')A( The (ower conferred on the 9ang di2ert!an ,gong by this ,rticle shall
when both 7o!ses of arliament are sitting conc!rrently, the 9ang di2ert!an
,gong is satisfied that certain circ!mstances e*ist which render it necessary for
him to take immediate action, he may (rom!lgate s!ch ordinances as
circ!mstances a((ear to him to re:!ire.
')C( ,n ordinance (rom!lgated !nder #la!se $'D& shall ha6e the same force and
effect as an ,ct of arliament, and shall contin!e in f!ll force and effect as if it is
an ,ct of arliament !ntil it is re6oked or ann!lled !nder #la!se $0& or !ntil it
la(ses !nder #la!se $/&3 and the (ower of the 9ang di2ert!an ,gong to
(rom!lgate ordinances !nder #la!se $'D& may be e*ercised in relation to any
matter with res(ect to which arliament has (ower to make laws regardless of the
legislati6e or other (roced!res re:!ired to be followed, or the (ro(ortion of the
total 6otes re:!ired to be had, in either 7o!se of arliament.
'*( , roclamation of Emergency and any ordinance (rom!lgated !nder #la!se
$'D& shall be laid before both 7o!ses of arliament and, if not sooner re6oked,
shall cease to ha6e effect if resol!tions are (assed by both 7o!ses ann!lling s!ch
roclamation or ordinance, b!t witho!t (re"!dice to anything (re6io!sly done by
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-;0
6irt!e thereof or to the (ower of the 9ang di2ert!an ,gong to iss!e a new
roclamation !nder #la!se $-& or (rom!lgate any ordinance !nder #la!se $'D&.
'+( =hile a roclamation of Emergency is in force the e*ec!ti6e a!thority of the
matter of 5slamic law or the c!stom of the Malays, or with res(ect to any matter
of nati6e law or c!stom in the State of Sabah or Sarawak3 nor shall #la!se $A&
6alidate any (ro6ision inconsistent with the (ro6isions of this #onstit!tion
relating to any s!ch matter or relating to religion, citi8enshi(, or lang!age.
'0( ,t the e*(iration of a (eriod of si* months beginning with the date on which a
'a( the satisfaction of the 9ang di2ert!an ,gong mentioned in #la!se $-&
o
and #la!se $'D& shall be final and concl!si6e and shall not be challenged
or called in :!estion in any co!rt on any gro!nd3 and
'#( no co!rt shall ha6e "!risdiction to entertain or determine any
o
a((lication, :!estion or (roceeding, in whate6er form, on any gro!nd,
regarding the 6alidity of2
'i( a roclamation !nder #la!ses $-& or of a declaration made in
C
s!ch roclamation to the effect stated in #la!se $-&3
'ii( the contin!ed o(eration of s!ch roclamation3
C
'iii( any ordinance (rom!lgated !nder #la!se $'D&3 or
C
'i<( the contin!ation in force of any s!ch ordinance.
C
'3( For the (!r(ose of this ,rticle the 7o!ses of arliament shall be regarded as
sitting only if the members of each 7o!se are res(ecti6ely assembled together and
carrying o!t the b!siness of the 7o!se.
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Artil! nu"#!r$ %,%
%,%&
'%( =here any law or ordinance made or (rom!lgated in (!rs!ance of this art
chairman, who shall be a(,(ointed by the 9ang di2ert!an ,gong and who shall
be or ha6e been, or be :!alified to be, a "!dge of the S!(reme #o!rt or a 7igh
#o!rt, or shall before Malaysia )ay ha6e been a "!dge of the S!(reme #o!rt, and
two other members, who shall be a((ointed by the 9ang di2ert!an ,gong after
cons!ltation with the +ord resident of the S!(reme #o!rt.
'*( This ,rticle does not re:!ire any a!thority to disclose facts whose disclos!re
Merdeka )ay, and thereafter !ntil arliament otherwise (ro6ides, the English
lang!age may be !sed in both 7o!ses of arliament, in the +egislati6e ,ssembly
of e6ery State, and for all other official (!r(oses.
'*( Notwithstanding the (ro6isions of #la!se $-&, for a (eriod of ten years after
Merdeka )ay, and thereafter !ntil arliament otherwise (ro6ides, all (roceedings
in the S!(reme #o!rt or a 7igh #o!rt shall be in the English lang!age?
ro6ided that, it the #o!rt and co!nsel on both sides agree, e6idence taken in
lang!age s(oken by the witness need not be translated into or recorded in English.
',( Notwithstanding the (ro6isions of #la!se $-&, !ntil arliament otherwise
(ro6ides, all (roceedings in s!bordinate co!rts, other than the taking of e6idence,
shall be in the English lang!age.
'/( 5n this ,rticle, Fofficial (!r(oseF means any (!r(ose of the <o6ernment,
s(ecial (osition of the Malays and nati6es of any of the States of Sabah and
Sarawak and the legitimate interests of other comm!nities in accordance with the
(ro6isions of this ,rticle.
')( Notwithstanding anything in this #onstit!tion, b!t s!b"ect to the (ro6isions of
,rticle %; and of this ,rticle, the 9ang di2ert!an ,gong shall e*ercise his
f!nctions !nder this #onstit!tion and federal law in s!ch manner as may be
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necessary to safeg!ard the s(ecial (ro6ision of the Malays and nati6es of any of
the States of Sabah and Sarawak and to ens!re the reser6ation for Malays and
nati6es of any of the States of Sabah and Sarawak of s!ch (ro(ortion as he may
deem reasonable of (ositions in the (!blic ser6ice $other than the (!blic ser6ice of
a State& and of scholarshi(s, e*hibitions and other similar ed!cational or training
(ri6ileges or s(ecial facilities gi6en or accorded by the Federal <o6ernment and,
when any (ermit or licence for the o(eration of any trade or b!siness is re:!ired
by federal law, then, s!b"ect to the (ro6isions of that law and this ,rticle, of s!ch
(ermits and licences.
'*( The 9ang di2ert!an ,gong may, in order to ens!re in accordance with
#la!se $'& the reser6ation to Malays and nati6es of any of the States of Sabah and
Sarawak of (ositions in the (!blic ser6ice and of scholarshi(s, e*hibitions and
other ed!cational or training (ri6ileges or s(ecial facilities, gi6e s!ch general
directions as may be re:!ired for that (!r(ose to any #ommission to which art G
a((lies or to any a!thority charged with res(onsibility for the grant of s!ch
scholarshi(s, e*hibitions or other ed!cational or training (ri6ileges or s(ecial
facilities3 and the #ommission or a!thority shall d!ly com(ly with the directions.
'+( 5n e*ercising his f!nctions !nder this #onstit!tion and federal law in
accordance with #la!ses $-& to $0& the 9ang di2ert!an ,gong shall not de(ri6e
any (erson of any (!blic office held by him or of the contin!ance of any
scholarshi(, e*hibition or other ed!cational or training (ri6ileges or s(ecial
facilities en"oyed by him.
',( This ,rticle does not derogate from the (ro6isions of ,rticle -0A.
'/( =here by e*isting federal law a (ermit or licence is re:!ired for the o(eration
of any trade or b!siness the 9ang di2ert!an ,gong may e*ercise his f!nctions
!nder that law in s!ch manner, or gi6e s!ch general directions to any a!thority
charged !nder that law with the grant of s!ch (ermits or licences, as may be
re:!ired to ens!re the reser6ation of s!ch (ro(ortion of s!ch (ermits or licences
for Malays and nati6es of any of the States of Sabah and Sarawak as the 9ang di2
ert!an ,gong may deem reasonable, and the a!thority shall d!ly com(ly with
the directions.
'0( Nothing in this ,rticle shall o(erate to de(ri6e or a!thorise the de(ri6ation of
any (erson of any right, (ri6ilege, (ermit or licence accr!ed to or en"oyed or held
by him or to a!thorised a ref!sal to renew to any (erson any s!ch (ermit or
licence or a ref!sal to grant to the heirs, s!ccessors or assigns of a (erson any
(ermit or licence when the renewal or grant might reasonably be e*(ected in the
ordinary co!rse of e6ents.
'1( Notwithstanding anything in this #onstit!tion, where by any federal law any
(ermit or licence is re:!ired for the o(eration of any trade or b!siness, that law
may (ro6ide for the reser6ation of a (ro(ortion of s!ch (ermits or licences for
Malays and nati6es of any of the States of Sabah and Sarawak3 b!t no s!ch law
shall for the (!r(ose of ens!ring s!ch a reser6ation2
'a( de(ri6e or a!thorise the de(ri6ation of any (erson of any right,
o
(ri6ilege, (ermit or licence accr!ed to or en"oyed or held by him3
'#( a!thorise a ref!sal to renew to any (erson any s!ch (ermit or licence
o
or a ref!sal to grant to the heirs, s!ccessors or assigns of any (erson any
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(ermit or licence when the renewal or grant might in accordance with he
other (ro6isions of the law reasonably be e*(ected in the ordinary co!rse
of e6ents, or (re6ent any (erson from transferring together with his
b!siness any transferable licence to o(erate that b!siness3 or
'(where no (ermit or licence was (re6io!sly re:!ired for the o(eration of
o
the trade or b!siness, a!thorise a ref!sal to grant a (ermit or licence to any
(erson for the o(eration of any trade or b!siness which immediately
before the coming into force of the law he had been bona fide carrying on,
or a!thorise a ref!sal s!bse:!ently to renew to any s!ch (erson any (ermit
or licence, or a ref!sal to grant to the heirs, s!ccessors or assigns of any
s!ch (erson any s!ch (ermit or licence when the renewal or grant might in
accordance with the other (ro6isions of that law reasonably be e*(ected in
the ordinary co!rse of e6ents.
'1A( Notwithstanding anything in this #onstit!tion, where in any Eni6ersity,
solely for the (!r(ose of reser6ations for Malays and nati6es of any of the States
of Sabah and Sarawak.
'3A( 5n this ,rticle the e*(ression Fnati6esF in relation to the State of Sabah or
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Artil! nu"#!r$ %,,
%,,&
'%( =here the law in force in any other (art of the #ommonwealth confers !(on
'*( , Dill for making any amendment to the #onstit!tion $other than an
amendment e*ce(ted from the (ro6isions of this #la!se& and a Dill for making
any amendment to a law (assed !nder #la!se $%& of ,rticle -; shall not be (assed
in either 7o!se of arliament !nless it has been s!((orted on Second and Third
4eadings by the 6otes of not less than two2thirds of the total n!mber of member
of that 7o!se.
'+( The following amendments are e*ce(ted from the (ro6isions of #la!se $0&,
that is to say?
'a( any amendment to art 555 of the Second or to the Si*th or Se6enth
o
Sched!le3
'#( any amendment incidental to or conse:!ential on the e*ercise of any
o
(ower to make law conferred on arliament by any (ro6ision of this
#onstit!tion other than ,rticles /% and /A3
'##( S!b"ect to ,rticle -A-E any amendment made for or in connection
o
with the admission of any State to the Federation or its association with
the States thereof, or any modification made as to the a((lication of this
#onstit!tion to a State (re6io!sly so admitted or associated3
'(any amendment conse:!ential on an amendment made !nder
o
(aragra(h $a&.
',( , law making an amendment to #la!se $%& of ,rticle -;, any law (assed
there!nder, the (ro6isions of art 555, ,rticle 01, A0 $%&, /;, /- $-&, /' $%&, -@', or
-@0 or to this #la!se shall not be (assed witho!t the consent of the #onference of
4!lers.
'/( 5n this ,rticle FamendmentF incl!des addition and re(eal3 and in this ,rticle
immediately before Merdeka )ay shall, to the e*tent s(ecified in the Ele6enth
Sched!le, a((ly for the inter(retation of this #onstit!tion as it a((lies for the
inter(retation of any written law within the meaning of that Brdinance, b!t with
the s!bstit!tion of references to the 9ang di2ert!an ,gong for references to the
7igh #ommissioner.
')( 5n this #onstit!tion, !nless the conte*t otherwise re:!ires, the following
e*(ressions ha6e the meanings hereby res(ecti6ely assigned to them, that is to say
2
F,borigineF means an aborigine of the Malay enins!la3
o
F,ct of arliamentF means a law made by arliament3
o
F,ttorney <eneralF means the ,ttorney <eneral of the Federation3
o
FDorrowF incl!des the raising of money by the grant of ann!ities or by
o
entering into any arrangement re:!iring the (ayment before the d!e date
of any ta*es, rates, royalties, fees or any other (ayments or by entering
into any agreement whereby the <o6ernment has to re(ay or ref!nd any
benefits that is has en"oyed !nder that agreement, and FloanF shall be
constr!ed accordingly3
F#as!al 6acancyF means a 6acancy arising in the 7o!se of
o
4e(resentati6es or a +egislati6e ,ssembly otherwise than by a dissol!tion
of arliament or of the ,ssembly3
F#hief MinisterF and FMenteri DesarF both mean the (resident, by
o
whate6er style known, of the E*ec!ti6e #o!ncil in a State3
F#iti8enF means a citi8en of the Federation3
o
F#i6il +istF means the (ro6ision made for the maintenance of the 9ang di2
o
ert!a ,gong, his #onsort, a 4!ler or 9ang di2ert!a Negeri o!t of (!blic
f!nds3
F#ommonwealth co!ntryF means any co!ntry recognised by the 9ang di2
o
ert!an ,gong to be a #ommonwealth co!ntry3 and F(art of the
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#ommonwealthF means any #ommonwealth co!ntry, any colony,
(rotectorate or (rotected state or any other territory administered by the
<o6ernment of any #ommonwealth co!ntry3
F#onc!rrent +istF means the Third +ist set o!t in the Ninth Sched!le3
o
F)ebtF incl!des any liability in res(ect of any obligation to re(ay ca(ital
o
s!ms by way of ann!ities and any liability !nder any g!arantee, and Fdebt
chargesF shall be constr!ed accordingly3
FElectorF means a (erson who is entitled to 6ote in an election to the
o
7o!se of 4e(resentati6es or the +egislati6e ,ssembly of a State3
FEnactmentF, where the e*(ression occ!rs in the Eighth Sched!le, means a
o
law made by the +egislat!re of a State3
FE*ec!ti6e #o!ncilF means the #abinet or other body, howe6er called,
o
which in the <o6ernment of a State corres(onds, whether or not the
members of it are Ministers, to the #abinet of Ministers in the
<o6ernment of the Federation $and in (artic!lar incl!des the S!(reme
#o!ncil in Sarawak&3
FE*isting lawF means any law in o(eration in the Federation or any (art
o
thereof immediately before Merdeka )ay3
FFederal lawF means 2
o
'a( any e*isting law relating to a matter with res(ect to which
C
arliament has (ower to make laws, being a law contin!ed in
o(eration !nder art G555, and
'#( any ,ct of arliament3
C
FFederal +istF means the First list set o!t in the Ninth Sched!le3
o
FFederal (!r(osesF incl!des the (!r(oses of the Federation in connection
o
with matters en!merated in the #onc!rrent +ist and with any other matters
with res(ect to which arliament has (ower to make laws otherwise than
by 6irt!e of ,rticle /A3
FForeign co!ntryF does not incl!de any (art of the #ommonwealth or the
o
4e(!blic of 5reland3
F<o6ernorF $4e(ealed&.
o
F+awF incl!des written law, the common law in so far as it is in o(eration
o
in the Federation or any (art thereof, and any c!stom or !sage ha6ing the
force of law in the Federation or any (art thereof3
F+egislati6e ,ssemblyF means the re(resentati6es assembly, howe6er
o
called, in the +egislat!re of a State $and in (artic!lar incl!des the #o!ncil
Negri in Sarawak&, b!t e*ce(t in the Eighth Sched!le incl!des also a
+egislati6e #o!ncil, howe6er called3
F+egislati6e #o!ncilF $4e(ealed&3
o
F+egislat!reF, in relation to a State, means the a!thority ha6ing (ower
o
!nder the #onstit!tion of that State to make laws for the State3
F+ocal ratesF $4e(ealed&3
o
FMalayF means a (erson who (rofesses the religion of 5slam, habit!ally
o
s(eaks the Malay lang!age, conforms to Malay c!stom and 2
'a( was before Merdeka )ay born in the Federation or in
C
Singa(ore or born of (arents one of whom was born in the
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Federation or in Singa(ore, or is on that day domiciled in the
Federation or in Singa(ore3 or
'#( is the iss!e of s!ch a (erson3
C
FMember of the administrationF means, in relation to the Federation, a
o
(erson holding office as Minister, )e(!ty Minister, arliamentary
Secretary or olitical Secretary and, in relation to a State, a (erson holding
a corres(onding office in the State or holding office as member $other than
an official member& of the E*ec!ti6e #o!ncil3
FMerdeka )ayF means the thirty2first day of ,!g!st, nineteen h!ndred and
o
fifty2se6en3
FBffice of (rofitF means any whole time office in any of the (!blic
o
ser6ices, and incl!des 2
'a( the office of any "!dge of the S!(reme #o!rt or of a 7igh #o!rt3
C
and
'#( the office of ,!ditor <eneral3 and
C
'( the office of a member of the Election #ommission, of a
member $other than an e* officio member& of a #ommission to
which art G a((lies, or of a member $other that an e* officio
member& of any corres(onding #ommission established by the
#onstit!tion of a State3 and
'2( any other office not s(ecified in #la!se $0& of ,rticle -0'
C
which may be declared by ,ct of arliament to be an office of
(rofit3
Fension rightsF incl!des a s!(erann!ation rights and (ro6ident f!nd
o
rights3
F!blic a!thorityF means the 9ang di2ert!an ,gong, the 4!ler or 9ang
o
di2ert!an Negeri of a State, the Federal <o6ernment, the <o6ernment of
a State, a local a!thority, a stat!tory a!thority e*ercising (owers 6ested in
it by federal or State law, any co!rt or trib!nal other than the S!(reme
#o!rt and 7igh #o!rts, or any officer or a!thority a((ointed by or acting
on behalf of any of those (erson, co!rts, trib!nals or a!thorities3
F4em!nerationF incl!des salary or wages, allowances, (ension rights, free
o
or s!bsidised ho!sing, free or s!bsidised trans(ort, and other (ri6ileges
ca(able of being 6al!ed in money3
F4!le #ommitteeF $4e(ealed&3
o
F4!lerF 2
o
'a( in relation to Negeri Sembilan, means the 9ang di2ert!an
C
Desar acting on behalf of himself and the 4!ling #hiefs in
accordance with the #onstit!tion of that State3 and
'#( in the case of any State, incl!des, e*ce(t in ,rticle -1- $'& and
C
the Third and Fifth Sched!les, any (erson who in accordance with
the #onstit!tion of that State e*ercises the f!nctions of the 4!ler3
FStateF means a State of the Federation>
o
FState lawF means 2
o
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'a( any e*isting law relating to a matter with res(ect to which the
C
+egislat!re of a State has (ower to make law, being a law
contin!ed in o(eration !nder art G5553 and
'#( a law made by the +egislat!re of a State3
C
FState +istF means the Second +ist set o!t in the Ninth Sched!le3
o
FState (!r(osesF incl!des, in relation to any State, the (!r(oses of the
o
State in connection with matters en!merated in the #onc!rrent +ist and
with any other matters with res(ect to which the +egislat!re of the State
has (ower to make laws3
FTa*F incl!des am im(ost or a d!ty b!t does not incl!de a rate le6ied for
o
local (!r(oses or a fee for ser6ices rendered3
FThe FederationF means the Federation established !nder the Federation
o
of Malaya ,greement, -.@/3
F=ritten lawF incl!des this #onstit!tion and the #onstit!tion of any State3
o
F9ang di2ert!an NegeriF means the 7ead of State in a State not ha6ing a
o
4!ler.
'*( Enless the conte*t otherwise re:!ires, any reference in this #onstit!tion to a
s(ecified art, ,rticle or Sched!le is a reference to that art or ,rticle of, or that
Sched!le to, this #onstit!tion, any reference to a s(ecified cha(ter, cla!se, section
or (aragra(h is a reference to that cha(ter of the art, that cla!se of the ,rticle,
that section of the Sched!le, or that (aragra(h of that cla!se or section, in which
the reference occ!rs3 and any reference to a gro!( of ,rticles, sections or
di6isions of ,rticles or sections shall be constr!ed as incl!ding both the first and
the last member of the gro!( referred to.
'+( =here !nder this #onstit!tion a (erson is re:!ired to take and s!bscribe an
territories of the Federation or any of its States, and to any officer holding office
!nder the Federation or any a!thority or body in or for the Federation shall be
constr!ed 2
'a( in relation to any time after the coming into o(eration of the Federation
o
of Malaya ,greement, -.%1, and before Merdeka )ay, as references to the
Federation established !nder that ,greement, and the States and
Settlements com(rising it and to the territories of that Federation or any of
the States and Settlements com(rising it, and to the corres(onding office
holding office there!nder or the corres(onding a!thority or body in or for
that Federation3
'#( in relation to any time before the coming into o(eration of the said
o
,greement $so far as the conte*t admits& as references to s!ch of the
co!ntries, territories, offices, a!thorities or bodies for the constr!ction of
references to which (ro6ision was made by #la!se -0@ $'& of the said
,greement, as may be a((ro(riate.
'/( 4eferences in this #onstit!tion to any (eriod shall be constr!ed, so far as the
lang!age for any of the (!r(oses mentioned in #la!ses $'& to $@& of ,rticle -@'
shall come into o(eration as regards the !se of the English lang!age in any case
mentioned in #la!se $'& of this ,rticle !ntil ten years after Malaysia )ay.
')( #la!se $-& a((lies 2
mentioned shall come into o(eration as regards the !se of the English lang!age
for (roceedings in the 7igh #o!rt in Dorneo or for s!ch (roceedings in the
S!(reme #o!rt as are mentioned in #la!se $%&, !ntil the ,ct or the rele6ant
(ro6ision of it has been a((ro6ed by enactments of the +egislat!res of the States
of Sabah and Sarawak3 and no s!ch ,ct shall come into o(eration as regards the
!se of the English lang!age in the State of Sabah or Sarawak in any other case
mentioned in (aragra(h $b& or $c& of #la!se $'&, !ntil the ,ct or the rele6ant
(ro6ision of it has been a((ro6ed by an enactment of the +egislat!re of that State.
'+( The (roceedings in the S!(reme #o!rt referred to in #la!ses $'& and $0& are
any (roceedings on a((eal from the 7igh #o!rt in Dorneo or a "!dge thereof, and
any (roceedings !nder #la!se $'& of ,rticle -'1 for the determination of a
:!estion which has arisen in (roceedings before the 7igh #o!rt in Dorneo or a
!bordinate co!rt in the State of Sabah or Sarawak.
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',( Notwithstanding anything in ,rticle -@', in the State of Sabah or Sarawak a
nati6e lang!age in c!rrent !se in the State may be !sed in nati6e co!rts or for any
code of nati6e law and c!stom, and in the case of Sarawak, !ntil otherwise
(ro6ided by enactment of the +egislat!re, may be !sed by a member addressing
the +egislati6e ,ssembly or any committee thereof.
Artil! nu"#!r$ %/%a
%/%A& $-&, $'& and $0& $4e(ealed&.
'+( The #onstit!tions of the States of Sabah and Sarawak may make (ro6ision
',( ,rticle 1. shall not a((ly to the State of Sabah or Sarawak, and ,rticle 1 shall
not in6alidate or (rohibit any (ro6ision of State law in the State of Sabah or
Sarawak for the reser6ation of land for nati6es of the State or for alienation to
them, or for gi6ing them (referential treatment as regards the alienation of land by
the State.
'/( 5n this ,rticle Fnati6eF means2
$A& as indigeno!s to Sarawak are the D!kitans, Disayahs, )!s!ns, Sea )ayaks,
+and )ayaks, Kadayans, Kalabit, Kayans, Kenyags $5ncl!ding Sab!(s and
Si(engs&, Ka"angs $incl!ding Seka(ans,. Ke"amans, +ahanans, !nans, Tan"ongs
dan Kanowits&, +!gats, +is!ms, Malays, Melanos, M!r!ts, enans, Sians, Tagals,
Tab!ns and Ekits.
Artil! nu"#!r$ %/%#
%/%.&
'%( 5n so far as any (ro6ision made by or !nder an ,ct of arliament, by remo6ing
sitting in the States of Sabah and Sarawak and entertaining (roceedings on a((eal
from the 7igh #o!rt in Dorneo or a "!dge thereof or (roceedings !nder #la!se $'&
of ,rticle -'1 for the determination of a :!estion which has arisen in (roceedings
before the 7igh #o!rt in Dorneo or a s!bordinate co!rt in the State of Sabah or
Sarawak.
Artil! nu"#!r$ %/%
%/%C& $4e(ealed&
Artil! nu"#!r$ %/%2
%/%D& $4e(ealed&
Artil! nu"#!r$ %/%!
%/%E&
'%( ,s from the (assing of the Malaysia ,ct no amendment to the #onstit!tion
made in connection with the admission to the Federation of the State of Sabah or
Sarawak shall be e*ce(ted from #la!se $0& of ,rticle -@. by #la!se $%& $bb& of
that ,rticle3 nor shall any modification made as to the a((lication of the
#onstit!tion to the State of Sabah or Sarawak be so e*ce(ted !nless the
modification is s!ch as to e:!ate or assimilate the (osition of that State !nder the
#onstit!tion to the (osition of the States of Malaya.
')( No amendment shall be made to the #onstit!tion witho!t the conc!rrence of
the 9ang di2ert!an Negeri of the State of Sabah or Sarawak or each of the States
of Sabah and Sarawak concerned, if the amendment is s!ch as to affect the
o(eration of the #onstit!tion as regards any of the following matters?
'a( the right of (ersons born before Malaysia )ay to citi8enshi( by reason
o
of a connection with the State, and $e*ce(t to the e*tent that different
(ro6ision is made by the #onstit!tion as in force on Malaysia )ay& the
e:!al treatment, as regards their own citi8enshi( and that of others, or
(ersons born or resident in the State and of (ersons born or resident in the
States of Malaya3
'#( the constit!tion and "!risdiction of the 7igh #o!rt in Dorneo and the
o
a((ointment, remo6al and s!s(ension of "!dges of that co!rt3
'(the matters with res(ect to which the +egislat!re of the State may $or
o
arliament may not& make laws, and the e*ec!ti6e a!thority of the State in
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those matters, and $so far as related thereto& the financial arrangements
between the Federation and the State3
'2( religion in the State, the !se in the State or in arliament of any
o
lang!age and the s(ecial treatment of nati6es of the State3
'!(the allocation to the State, in any arliament s!mmoned to meet before
o
the end of ,!g!st, -./;, of a :!ota of members of the 7o!se of
4e(resentati6es not less, in (ro(ortion to the total allocated to the other
States which are members of the Federation in Malaysia )ay, than the
:!ota allocated to the State on that )ay.
'*( No amendments to the #onstit!tion which affects its o(eration as regards the
<o6ernment of the State of Sabah or Sarawak as regards entry into the State and
residence in the State and matters connected therewith $whether or not the law is
(assed before Malaysia )ay& #la!se $'& shall a((ly, e*ce(t in so far as the law
(ro6ides to the contrary, as if the law had been embodied in the #onstit!tion and
those rights and (owers had been incl!ded among the matters mentioned in
(aragra(hs $a& to $e& of that #la!se.
',( 5n this ,rticle FamendmentF incl!des addition and re(eal.
laws shall !ntil re(ealed by the a!thority ha6ing (ower to do so !nder this
#onstit!tion, contin!e in force on and after Merdeka )ay, with s!ch
modifications as may be made therein !nder this ,rticle and s!b"ect to any
amendments made by federal or State law.
')( =here any State law amends or re(eals an e*isting law made by the
of Malaya ,greement, -.%1, and its territories, and to any officer holding office
!nder that Federation or to any a!thority or body constit!ted in or for that
Federation $incl!ding any references falling to be constr!ed as s!ch references by
6irt!e of #la!se -0@ of the said ,greement& shall be constr!ed, in relation to any
time on and after Merdeka )ay, as references to the Federation $that is to say, the
,greement, -.@/& and its territories and to the corres(onding officer, a!thority or
body res(ecti6ely3 and the 9ang di2ert!an ,gong may by order declare what
office, a!thority or body is to be taken for the (!r(oses of this #la!se to
corres(ond to any officer, a!thority or body referred to in any e*isting law.
'+( $4e(ealed&.
',( ,ny order made !nder #la!se $%& may be amended or re(ealed by the
a!thority ha6ing (ower to make laws with res(ect to the matter to which the order
relates.
'/( any co!rt or trib!nal a((lying the (ro6ision of any e*isting law which has not
been modified on or after Merdeka )ay !nder this ,rticle or otherwise may a((ly
it with s!ch modifications as may be necessary to bring it into accord with the
(ro6ision of this #onstit!tion.
'0( 5n this ,rticle FmodificationF incl!des amendment, ada(tation and re(eal.
')( $4e(ealed&.
'*( ,ny land 6ested in the State of Malacca or the State of enang which
',( $4e(ealed&.
'/( $4e(ealed&.
'0( $4e(ealed&.
'1( ,ny (ro(erty which was, immediately before Merdeka )ay, liable to escheat
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')( $4e(ealed&.
'*( $4e(ealed&.
'+( $4e(ealed&.
',( $4e(ealed&.
'/( The ,ttorney <eneral shall, on the a((lication of any (arty interested in any
legal (roceedings, other than (roceedings between the Federation and a State,
certify whether any right, liability or obligation is by 6irt!e of this ,rticle a right,
liability or obligation of the Federation or of a State named in the certificate, and
any s!ch certificate shall for the (!r(oses of those (roceedings be final and
binding on all co!rts, b!t shall not o(erate to (re"!dice the rights and obligations
of the Federation and any State as between themsel6es.
'0( The Federation shall make the like ann!al (ayments as fell to be made before
Merdeka )ay !nder ,rticle 55 of the Treaty made on the si*th day of May,
eighteen h!ndred and si*ty2nine, between 7er Ma"esty of the one (art and the
King of Siam of the other (art relati6e to the State of Kedah.
Artil! nu"#!r$ %/1
%/1& $4e(ealed&.
Artil! nu"#!r$ %/3
%/3& For the (!r(oses of ,rticle /A $-& 2
'a( any treaty, agreement or con6ention entered into before Merdeka )ay between
a((ly with the s!bstit!tion of references to Merdeka )ay and of references to the
territories com(rised in those State or any of them for the references to the
Federation or any (art thereof.
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Artil! nu"#!r$ %04
%04& $4e(ealed&.
Artil! nu"#!r$ %0%
%0%& $4e(ealed&.
Artil! nu"#!r$ %0)
%0)& $4e(ealed&.
Artil! nu"#!r$ %0*
%0*& $4e(ealed&.
Artil! nu"#!r$ %0+
%0+& $4e(ealed&.
Artil! nu"#!r$ %0,
%0,& The (erson holding office as )irector of ,!dit immediately before Merdeka )ay
shall, as from that day, hold office as ,!ditor <eneral on terms and conditions not less
fa6o!rable that those a((licable to him immediately before Merdeka )ay.
Artil! nu"#!r$ %0/
%0/&
'%( S!b"ect to the (ro6isions of this #onstit!tions and any e*isting law, all (ersons
contin!e in force on and after Merdeka )ay, b!t with the modification that any
reference therein to the 7igh #ommissioner shall be constr!ed as a reference to
the 9ang di2ert!an ,gong.
')( The said Sched!le shall for the (!r(oses of this #onstit!tion be deemed to be
federal law and may, s!b"ect to the (ro6isions of ,rticle -%/, be amended and
re(ealed accordingly.
'*( 5n its a((lication to any law made !nder #la!se $'& of ,rticle -%/ shall ha6e
(owers and "!risdiction of the 4!lers and the (rerogati6es, (owers and
"!risdiction of the 4!ling #hiefs of Negeri Sembiliam within their res(ecti6e
territories as hitherto had and en"oyed shall remain !naffected.
')( No (roceedings whatsoe6er shall be bro!ght in any co!rt against the 4!ler of
there!nder before Malaysia )ay, the following (ersons born before Malaysia )ay
are citi8ens by o(eration of law, that is to say?
'a( e6ery (erson who immediately before Merdeka )ay, was a citi8en of
o
the Federation by 6irt!e of any of the (ro6isions of the Federation of
Malaya ,greement,K .-%1, whether by o(eration of law or otherwise3
'#( e6ery (erson born within the Federation on or after Merdeka )ay and
o
before Bctober, -.A'3
'(e6ery (erson born within the Federation after Se(tember, -.A', of
o
whose (arents one at least was at the time of the birth either a citi8en or
(ermanently resident in the Federation, or who was not born a citi8en of
any other co!ntry3
'2( e6ery (erson born o!tside the Federation on or after Merdeka )ay
o
whose father was a citi8en at the time of his birth and either was born in
the Federation or was at the time of the birth in ser6ice !nder the
<o6ernment of the Federation or of a State3
'!(e6ery (erson born o!tside the Federation on or after Merdeka )ay
o
whose father was a citi8en at the time of the birth if the birth was, or is,
within one year of its occ!rrence or within s!ch longer (eriod as in any
(artic!lar case was or is allowed by the Federal <o6ernment, registered at
a cons!late of the Federation or, if it occ!rred in Singa(ore, Sarawak,
Dr!nei or North Dorneo, registered with the Federal <o6ernment.
')( , (erson is not a citi8en by 6irt!e of (aragra(h $b& or $c& of s!bsection $-& is,
at the time of his birth, his father, not being a citi8en, (ossessed s!ch imm!nity
from s!it and legal (rocess as is accorded to an en6oy of a so6ereign (ower
accredited to the 9ang di2ert!an ,gong.
)&S!b"ect to the (ro6isions of art 555 of this #onstit!tion, a (erson ordinarily resident in
the State of Sabah or Sarawak or in Dr!nei on Malaysia )ay is a citi8en by o(eration of
law if he was immediately before that day a citi8en of the Enited Kingdom and #olonies,
and either 2
'a( was born in the territories com(rised in the States of Sabah and Sarawak3 or
time of the birth either a citi8en or (ermanently resident in the Federation3 and
'#( e6ery (erson born o!tside the Federation whose father is at the time of the
birth a citi8en and either was born in the Federation or is at the time of the birth in
the ser6ice of the Federation or of a State3 and
'(e6ery (erson born o!tside the Federation whose father is at the time of the
birth a citi8en and whose birth is, within one year of its occ!rrence or within s!ch
longer (eriod as the Federal <o6ernment may in any (artic!lar case allow,
registered at a cons!late of the Federation or, if it occ!rs in Dr!nei or in a territory
(rescribed for this (!r(ose by order of the 9ang di2ert!an ,gong, registered
with the Federal <o6ernment3 and
'2( e6ery (erson born in Singa(ore of whose (arents one at least is at the time of
the birth a citi8en and who is not born a citi8en otherwise than by 6irt!e of this
(aragra(h3 and
'!(e6ery (erson born within the Federation who is not born a citi8en of any
the time of his birth, his father, not being a citi8en, (ossesses s!ch imm!nity from
s!it and legal (rocess as is accorded to an en6oy of a so6ereign (ower accredited
to the 9ang di2ert!an ,gong, or if his father is then an enemy alien and the birth
occ!rs in a (lace !nder the occ!(ation of the enemy.
')( 5n section - the reference in (aragra(h $b& to a (erson ha6ing been born in the
Federation incl!des his ha6ing been born before Malaysia )ay in the territories
com(rised in the States of Sabah and Sarawak.
'*( For the (!r(oses of (aragra(h $c& of section - a (erson is to be treated as
ha6ing at birth any citi8enshi( which he ac:!ires within one year afterwards by
6irt!e of any (ro6isions corres(onding to (aragra(h $c& of that section or
otherwise.
PART III
S-PPLEMENTARB PRO:ISION RELATING TO CITI5ENSHIP
T6! Minist!r
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%&The f!nctions of the Federal <o6ernment !nder art 555 of this #onstit!tion shall be
e*ercised by s!ch Minister of the <o6ernment as the 9ang di2ert!an ,gong may from
time to time direct, and references in this Sched!le to the Minister shall be constr!ed
accordingly.
)&, decision of the Federal <o6ernment !nder art 555 of this #onstit!tion shall not be
s!b"ect to a((eal or re6iew in any co!rt.
*&$4e(ealed&.
+&
'%( The Minister may delegate to any officer of the Federal <o6ernment or, with
the consent of the 4!ler or 9ang di2ert!an Negeri of any State, to any officer of
the <o6ernment of that State, any of his f!nctions !nder art 555 of this
#onstit!tion or this Sched!le relating to citi8enshi( by registration and the
kee(ing of registers, and, in relation orders !nder (aragra(h $c& of #la!se $-& of
,rticle '@ or !nder ,rticle 'A, any of his f!nctions !nder ,rticle '/ (rior to
determine whether to make s!ch an order3 b!t any (erson aggrie6ed by the
decision of a (erson to whom the f!nctions of the Minister are so delegated may
a((eal to the Minister.
')( The Minister may also, with the consent of the 9ang di2ert!an Negeri of the
be constr!ed in accordance with ,rticle '1 as if this section were incl!ded among
the (ro6isions to which that ,rticle a((lies.
%%& 5f the Minister has reason to belie6e that an error a((ears in any register com(iled
!nder section -;, he shall, after gi6ing notice to the (erson concerned and after
considering s!ch re(resentations from him as he may choose to make, make s!ch
alteration on the register as a((ears to the Minister to be necessary to correct the error.
%)& S!b"ect to section --, the said register shall be concl!si6e e6idence of the matters
therein contained.
%* - %,& $4e(ealed&.
Off!n!s
%/&
'%( 5t shall be an offence (!nishable with im(risonment for two years or a fine of
reside there3 or
'#( it is certified by the Federal <o6ernment that he is to be treated for those
the Federation 2
'a( a (eriod of absence from the Federation of less than si* months3
o
'#( a (eriod of absence from the Federation for the (!r(oses of ed!cation
o
of s!ch kind, in s!ch co!ntry and for s!ch time as may from time to time
be either generally or s(ecially a((ro6ed by the Minister3
'(a (eriod of absence from the Federation for reasons of health3
o
'2( a (eriod of absence from the Federation on d!ty in the ser6ice of the
o
Federation or of any State, where s!ch (eriod is not inconsistent with the
essential contin!ity of s!ch residence3 and
'!(a (eriod of absence from the Federation for any other ca!se (rescribed
o
generally or s(ecially by the Minister, shall be treated as residence in the
Federation.
')( 5n calc!lating for the (!r(oses of art 555 of this #onstit!tion any residence in
the Federation 2
'a( a (eriod d!ring which a (erson was not lawf!lly resident in the
o
Federation3
'#( a (eriod s(ent as an inmate of any (rison or as a (erson detained in
o
lawf!l c!stody in any other (lace, other than a mental hos(ital, !nder the
(ro6ision of any written law of the Federation3 and
'(a (eriod d!ring which a (erson is allowed to remain tem(orarily in the
o
Federation !nder the a!thority of any (ass iss!ed or e*em(tion order made
!nder the (ro6isions of any written law of the Federation relating to
immigration, shall not, e*ce(t in the case of any (eriod referred to in
(aragra(h $c& with the consent of the Minister, be treated as residence in
the Federation.
'*( For the (!r(oses of art 55 of this #onstit!tion a (erson shall be deemed to be
'a( he is a minor, or
o
'#( he has notified the Kee(er of the 4!lers> Seal that he does not desire to
o
be elected, or
'(the #onference of 4!lers by secret ballot resol6es that he is !ns!itable
o
by reason of infirmity of mind or body or for any other ca!se to e*ercise
the f!nctions of 9ang di2ert!an ,gong.
')( , resol!tion !nder this section shall not be carried !nless at least fi6e
'a( shall for the (!r(oses of the first election be a list com(rising the
o
States of all 4!lers in the order in which Their 4oyal 7ighnesses then
recogni8e (recedence among themsel6es3
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'#( shall for the (!r(oses of s!bse:!ent elections be that list as 6aried in
o
accordance with s!bsection $'& !ntil it is reconstit!ted !nder s!bsection
$0&, and shall then be the list to reconstit!ted b!t 6aried, for the (!r(oses
of f!rther elections, in accordance with s!bsection $%&.
')( The list in force at the first election shall be 6aried as follows 2
'a( after each election any States (receding on the list the State whose
o
4!ler was elected shall be transferred $in order in which they are then on
the list& to the end of the list, and the State whose 4!ler was elected shall
be omitted3
'#( whene6er there is a change in the 4!ler of a State then on the list, that
o
State shall be transferred to the end of the list $and if on the same day there
is a change in the 4!lers of more than one s!ch State, those States shall be
so transferred in the order in which they are then on the list&.
'*( =hen no State remains on the list as 6aried in accordance with s!bsection $'&,
be 6aried as follows3
'a( any State (receding on the list the State whose 4!ler was elected shall
o
be transferred $in the order in which they are then on the list& to the end of
the list3 and
'#( the State whose 4!ler was elected shall then be (lace last.
o
PART II - ELECTION OF TIM.ALAN BANG DI-PERT-AN
AGONG
,&, 4!ler is :!alified to be elected Timbalan 9ang di2ert!an ,gong !nless 2
'a( he wo!ld not be :!alified to be elected 9ang di2ert!an ,gong, or
'#( he has notified the Kee(er of the 4!lers> Seal that he does not desire to be
elected.
/&The #onference of 4!lers shall not elect a Timbalan 9ang di2ert!an ,gong while the
office of 9ang di2ert!an ,gong is 6acant.
0&The #onference of 4!lers shall offer the office of Timbalan 9ang di2ert!an ,gong to
the 4!ler :!alified for election who, on the death of the 9ang di2ert!an ,gong last
elected, wo!ld be the first entitled to be offered the office of the 9ang di2ert!an ,gong
and, if he does not acce(t it, to the ne*t and so on !ntil a 4!ler acce(ts the office.
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PART III - REMO:AL OF BANG DI-PERT-AN AGONG
1&, resol!tion of the #onference of 4!lers to remo6e the 9ang di2ert!an ,gong from
office shall not be carried !nless at least fi6e members of the #onference ha6e 6oted in
fa6o!r of it.
PART I: - GENERAL
3&$4e(ealed&.
%4& 5n section % $0& the e*(ression F4!lerF incl!des a (ast 4!ler.
FO-RTH SCHED-LE
OATHS OF OFFICE OF BANG DI-PERT-AN AGONG AND TIM.ALAN
BANG DI-PERT-AN AGONG
Part % - OATH OF BANG DI-PERT-AN AGONG
Kami ....................ibni .......................... 9ang di2ert!an ,gong bagi Malaysia
bers!m(ah dengan malafa8kan?
=allahi3
=abillahi3
=atallahi3
maka dengan lafa8 ini berikrarlah kami dengan ses!ngg!h dan dengan sebenarnya
mengak! akan taat setia (ada men"alankan dengan adilnya (emerintahan bagi Malaysia
dengan mengik!t sebagaimana Endang2!ndang dan erlembagaan Negeri yang telah
disah dan dimasyh!rkan dan yang akan disah dan dimasyh!rkan di masa hada(an ini.
)an lagi kami berikrar mengak! dengan ses!ngg!h dan dengan sebenarnya
memliharakan (ada setia( masa Egama 5slam dan berdiri teta( di atas (emerintahan yang
adil dan aman di dalam negeri.
Part II - OATH OF TIM.ALAN BANG DI-PERT-AN AGONG
Kami ....................ibni........................... yang telah dilantik men"adi Timbalan 9ang di2
ert!an ,gong bagi Malaysia bers!m(ah dengan melafa8kan?
=allahi3
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=abillahi3
=atallahi3
dan dengan lafa8 ini berikrarlah kami dengan ses!ngg!h dan dengan sebenarnya
mengak! akan taat setia (ada men"alankan tangg!ngan kami yang telah diteta(kan dan
yang akan diteta(kan (ada s!at! masa ke s!at! masa yang ke hada(ah ini olch Endang2
!ndang dan erlembagaan Negeri Malaysia.
Part III - ENGLISH TRANSLATIONS
=e ..................... ibni ............................. 9ang di2ert!an ,gong of Malaysia do hereby
swear
=allahi3
=abillahi3
=atallahi3
and by 6irt!e of that oath do solemnly and tr!ly declare that =e shall "!stly and faithf!lly
(erform $carry o!t& o!r d!ties in the administration of Malaysia in accordance with its
laws and constit!tion which ha6e been (rom!lgated or which may be (rom!lgated from
time to time in the f!t!re. F!rther =e do solemnly and tr!ly declare that =e shall at all
time (rotect the 4eligion of 5slam and !(hold the r!les of law and order in the #o!ntry.
=e .................... ibni ............................. being elected to be the Timbalan 9ang di2
ert!an ,gong of Malaysia do hereby swear?
=allahi3
=abillahi3
=atallabi3
and by 6irt!e of that oath do solemnly and tr!ly declare that =e shall faithf!lly (erform
$carry o!t& o!r d!ties as Timbalan 9ang di2ert!an ,gong as laid down and as may from
time to time be laid down by the laws and the #onstit!tion of Malaysia.
FIFTH SCHED-LE
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THE CONFERENCE OF R-LERS
%&The #onference of 4!lers shall, s!b"ect to the following (ro6isions of this Sched!le,
consist of Their 4oyal 7ighnesses the 4!lers and the 9ang di2ert!a 9ang di2ert!a
Negeri of States not ha6ing a 4!ler.
)&The (lace of 7is 4oyal 7ighness the 4!ler of any State of the 9ang di2ert!a Negeri
of any State as a member of the #onference of 4!lers may in any case in which the
#onstit!tion of that State so (ro6ides be taken by s!ch (erson as that #onstit!tion may
(ro6ide.
*&The #onference of 4!lers shall ha6e a 4!lers> Seal which shall be ke(t in c!stody of a
(erson a((ointed by the #onference.
+&The (erson a((ointed !nder section 0 shall be known as the enyim(an Mohor Desar
4a"a24a"a $Kee(er of the 4!lers> Seal&, shall act as secretary to the #onference of 4!lers
and shall hold his office at the (leas!re of the #onference.
,&, ma"ority of the members of the #onference of 4!lers shall form a :!or!m and,
s!b"ect to the (ro6isions of this #onstit!tion, the #onference may determine its own
(roced!re.
/&The Kee(er of the 4!lers> Seal shall con6ene the #onference of 4!lers whene6er
re:!ired to do so by the 9ang di2ert!an ,gong or by not less than three members of the
#onference and, witho!t being so re:!ired, not later than fo!r weeks before the e*(iry of
the term of office of the 9ang di2ert!an ,gong and whene6er a 6acancy occ!rs in that
office or in the office of the Timbalan 9ang di2ert!an ,gong.
0&The 9ang di2ert!a29ang di2ert!a Negeri of States not ha6ing a 4!ler shall not be
members of the #onference of 4!lers for the (!r(oses of any (roceedings relating to the
election or for the (!r(oses of any (roceedings relating to the election or remo6al of the
9ang di2ert!an ,gong or the election of the Timbalan 9ang di2ert!an ,gong or
relating solely to the (ri6ileges, (osition, hono!rs and dignities or Their 4oyal
7ighnesses or to religio!s acts, obser6ances or ceremonies.
1&5n any case where the #onference of 4!lers is not !nanimo!s it shall take its decision
by a ma"ority of the members 6oting, s!b"ect howe6er to the (ro6isions of the Third
Sched!le.
3&,ny consent, a((ointment or ad6ice of the #onference of 4!lers re:!ired !nder this
#onstit!tion shall be signified !nder the 4!lers> Seal, and where, in the case of any
(ro(osed a((ointment, a ma"ority of the members of the #onference ha6e indicated, by
writing addressed to the Kee(er of the 4!lers> Seal that they are in fa6o!r of the
a((ointment, he shall so signify the ad6ice of the #onference witho!t con6ening it.
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SI@TH SHED-LE
FORMS OF OATHS AND AFFIRMATIONS
%& Oat6 of Offi! an2 All!=ian!
F5, ..........................., ha6ing been elected $or a((ointed& to the office of .................... do
solemnly swear $or affirm& that 5 will faithf!lly discharge the d!ties of that office to the
best of my ability, that 5 will bear tr!e faith and allegiance to Malaysia, and will (reser6e,
(rotect and defend its #onstit!tion.F
$NBTE 2 , "!dge of the S!(reme #o!rt, other than the +ord resident, or a "!dge of a
7igh #o!rt shall !se the words Fm! "!dicial d!ties in that or any other officeF in (lace of
the words Fthe d!ties of that officeF.&
)& Oat6 as M!"#!r of Parlia"!nt an2 of All!=ian!
F5, ........................., ha6ing been elected $or a((ointed& as a member of the 7o!se of
4e(resentati6es $or the Senate& do solemnly swear $or affirm& that 5 will faithf!lly
discharge my d!ties as s!ch to the best of my ability, that 5 will bear tr!e faith and
allegiance to Malaysia, and will (reser6e, (rotect and defend its #onstit!tion.F
*& Oat6 of S!r!y
F5, ........................., do solemnly swear $or affirm& that 5 will not directly or indirectly
comm!nicate or re6eal to any (erson any matter which shall be bro!ght !nder my
consideration or shall become known to me as ................. e*ce(t as may be re:!ired for
the d!e discharge of my d!ties as s!ch or as may be s(ecially (ermitted by the 9ang di2
ert!an ,gong.F
SE:ENTH SCHED-LE
ELECTION AND RETIREMENT OF SENATORS
Part I - ELECTION OF SENATORS
%&
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'%( $4e(ealed&.
')( ,s often as there is a 6acancy among the members elected to the Senate by a
State the 9ang di2ert!an ,gong shall gi6e notice to the 4!ler or 9ang di2ert!a
Negeri of the State that an election of a Senator is re:!ired and the 4!ler or 9ang
di2ert!a Negeri shall re:!ire the +egislati6e ,ssembly to elect a Senator as soon
as may be.
)&
'%( The names of candidates for election shall be (ro(osed and seconded by
members of the ,ssembly and the member (ro(osing or the member seconding
shall s!bmit a statement in writing, signed by the (erson nominated, that he is
willing to ser6e as a Senator if elected.
')( =hen all the nominations ha6e been recei6ed, the (residing officer shall
anno!nce the names of the (ersons nominated in al(habetical order and shall then
(!t their names to the 6ote in that order.
'*( Each member (resent shall be entitled to 6ote for as many candidates as there
are 6acancies to be filled, and the names of the members 6oting for each
candidate shall be recorded3 and if any member casts a 6ote in addition to those
allowed by this s!bsection that 6ote shall be 6oid.
'+( The (residing officer shall declare to be elected the candidate or candidates
who recei6e the largest n!mber of 6otes, b!t if two or more candidates ha6e an
e:!al n!mber of 6otes and the n!mber of those candidates is larger than the
n!mber of 6acancies to be filled, the election of those candidates shall be
determined by lot.
*&Notwithstanding anything in section ', if a 6acancy d!e to the e*(iry of the term of
office of a Senator is to be filled at the same meeting as a 6acancy arising in any other
way there shall first be an election to fill the 6acancy d!e to the e*(iry of the term and
then a se(arate election to fill the other 6acancy.
+&The (residing officer shall certify to the clerk to the Senate, by writing !nder his hand,
the name of a (erson elected as Senator in accordance with the (ro6isions of this
Sched!le.
,&5f any :!estion arises whether a member of the Senate has been d!ly elected in
accordance with the (ro6isions of this Sched!le, the decision of the Senate shall be taken
and shall be final, b!t the fail!re to hold an election !nder section - $'& as soon as my be
shall not of itself in6alidate the election of any Senator.
PART II - RETIREMENT OF SENATORS
/&$4e(ealed&.
0&$4e(ealed&.
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1&The term of office of a (erson or a((ointed to re(lace a (erson who has died to be a
Senator before the e*(iration of his term shall be the remainder of that term.
EIGHT SCHED-LE
PRO:ISIONS TO .E INSERTED IN STATE CONSTIT-TION
PART I - FINAL PRO:ISIONS
Rul!r to at on a2<i!
%&
'%( 5n the e*ercise of his f!nctions !nder the #onstit!tion of this State or any law
f!nctions $in addition to those in the (erformance of which he may act in his
discretion !nder the Federal #onstit!tion& that is to say 2
'a( the a((ointment of a Menteri Desar.
o
'#( the withholding of consent to a re:!est for the dissol!tion of the
o
+egislati6e ,ssembly.
'(the making of a re:!est for a meeting of the #onference of 4!lers
o
concerned solely with the (ri6ileges, (osition, hono!rs and dignities of
Their 4oyal 7ighnesses or religio!s acts, obser6ances or ceremonies,
'2( any f!nction as 7ead of the religion of 5slam or relating to the c!stom
o
of the Malays,
'!(the a((ointment of an heir or heirs, consort, 4egent or #o!ncil of
o
4egency,
'f( the a((ointment of (erson to Malay c!stomary ranks, titles, hono!rs
o
and dignities and the designation of the f!nctions a((ertaining thereto,
'=( the reg!lation of royal co!rts and (alaces.
o
'*( State law may make (ro6ision for re:!iring the r!ler to act after cons!ltation
with or on the recommendation of any (erson or body of (ersons other than the
E*ec!ti6e #o!ncil in the e*ercise of any of his f!nctions other than 2
'a( f!nctions e*ercisable in his discretion3
o
'#( f!nction with res(ect to the e*ercise of which (ro6ision is made the
o
State #onstit!tion or the Federal #onstit!tion.
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-01
T6! E;!uti<! Counil
)&
'%( The 4!ler shall a((oint an E*ec!ti6e #o!ncil.
'a( the 4!ler shall first a((oint as Menteri Desar to (reside o6er the
o
E*ec!ti6e #o!ncil a member of the +egislati6e ,ssembly who in his
"!dgment is likely to command the confidence of the ma"ority of the
members of the ,ssembly3 and
'#( he shall on the ad6ice of the Menteri Desar a((oint not more that eight
o
nor less than fo!r other members from among the members of the
+egislati6e ,ssembly3
b!t if an a((ointment is made while the +egislati6e ,ssembly is dissol6ed a
(erson who was a member of the last +egislati6e ,ssembly may be a((ointed b!t
shall not contin!e to hold office after the first sitting of the ne*t +egislati6e
,ssembly !nless he is a member thereof.
'*( Notwithstanding anything in this section, a (erson who is a citi8en by
any (ro6ision in the #onstit!tion of this State restricting his choice of a Menteri
Desar, if in his o(inion it is necessary to do so in order to com(ly with the
(ro6isions of this section.
',( The E*ec!ti6e #o!ncil shall be collecti6ely res(onsible to the +egislati6e
,ssembly.
'/( 5f the Menteri Desar ceases to command the confidence of the ma"ority of the
members of the +egislati6e ,ssembly, then, !nless at his re:!est the 4!ler
dissol6es the +egislati6e ,ssembly, he shall tender the resignation of the
E*ec!ti6e #o!ncil.
'0( S!b"ect to s!bsection $A&, a member of the E*ec!ti6e #o!ncil other than the
Menteri Desar shall hold office at the 4!ler>s (leas!re, b!t any member of the
#o!ncil may at any time resign his office.
'1( , member of the E*ec!ti6e #o!ncil shall not engage in any trade, b!siness or
Eualifiations of "!"#!rs
,&E6ery citi8en of or o6er the age of twenty2one years who is resident in the State is
:!alified to be a member of the +egislati6e ,ssembly, !nless he is dis:!alified for being
a member by the Federal #onstit!tion or this #onstit!tion or by any s!ch law as is
mentioned in section A of the Eighth
S6!2ul! to t6! F!2!ral Constitution&
Dis8ualifiation for "!"#!rs6i7 of L!=islati<! Ass!"#ly
/&
'%( S!b"ect to the (ro6isions of this section, a (erson is dis:!alified for being a
s!bsection $-& may be remo6ed by the 4!ler and shall, if not so remo6ed, cease at
the end of the (eriod of fi6e years beginning with the date on which the ret!rn
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mentioned in the said (aragra(h $d& was re:!ired to be lodged or, as the case may
be, the date on which the (erson con6icted as mentioned in the said (aragra(h $e&
was released from c!stody or the date on which the fine mentioned in the said
(aragra(h $e& was im(osed, and a (erson shall not be dis:!alified !nder (aragra(h
$g& of s!bsection $-& by reason only of anything done by him before he became a
citi8en.
'*( Notwithstanding anything contained in the foregoing (ro6isions of this section
become dis:!alified for membershi(, the decision of the ,ssembly shall be taken
and shall be final?
ro6ided that this section shall not be taken to (re6ent the (ractice of the
,ssembly (ost(oning a decision in order to allow for the taking of determination
of any (roceedings that may affect the decision $incl!ding (roceedings for the
remo6al of the dis:!alification&.
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')( =here a member of the +egislati6e ,ssembly becomes dis:!alified !nder
not allow si* months to ela(se between the last sitting in one session and the date
a((ointed for its first sitting in the ne*t session.
')( The 4!ler may (rorog!e or dissol6e the +egislati6e ,ssembly.
'*( The +egislati6e ,ssembly !nless sooner dissol6ed shall contin!e for fi6e
years from the date of its first sitting and shall then stand dissol6ed.
'+( =hene6er the +egislati6e ,ssembly is dissol6ed a general election shall be
held within si*ty days from the date of the dissol!tion and the new +egislati6e
,ssembly shall be s!mmoned to meet on a date not later than one h!ndred and
twenty days from that date.
',( , cas!al 6acancy shall be filled within si*ty days from the date on which it is
to be S(eaker and shall transact no b!siness which the office of S(eaker is 6acant
other than the election or a S(eaker.
')( , member holding office as S(eaker shall 6acate his office on ceasing to be a
s!ch office if after three months of his election to s!ch office or at any time
thereafter he is or becomes a member of any board of directors or board of
management or on officer or em(loyee, or engages in the affairs or b!siness, of
any organisation or body, whether cor(orate or otherwise, or of any commercial,
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ind!strial or other !ndertaking, whether or not he recei6es any rem!neration,
reward, (rofit or benefit from it3
ro6ided that s!ch dis:!alification shall not a((ly where s!ch organisation or
body carries o!t any welfare or 6ol!ntary work or ob"ecti6e beneficial to the
comm!nity or any (art thereof, or any other work or ob"ecti6e of a charitable or
social nat!re, and the member does not recei6e any rem!neration, reward, (rofit
or benefit from it.
',( =here any :!estion arises regarding the dis:!alification of the S(eaker !nder
s!bsection $%& the decision of the +egislati6e ,ssembly shall be taken and shall be
final.
E;!ris! of l!=islati<! 7o>!r
%%&
'%( The (ower of the +egislat!re to make laws shall be e*ercised by Dills (assed
come into force !ntil it has been (!blished, witho!t (re"!dice, howe6er, to the
(ower of the +egislat!re to (ost(one the o(eration of any law or to make laws
with retros(ecti6e effect.
FINANCIAL PRO:ISION
No ta;ation unl!ss aut6oris!2 #y la>
%)& No ta* or rate shall be le6ied by or for the (!r(oses of the State e*ce(t by or !nder
the a!thority of law.
E;7!n2itur! 6ar=!2 on Consoli2at!2 Fun2
%*&
'%( There shall be charge on the #onsolidated F!nd of the State, in addition to any
s!ms recei6ed by way of Iakat, Fitrah and Dait!lmal or similar 5slamic religio!s
re6en!e, and the s!ms to be shown !nder (aragra(h $b& of s!bsection $'& do not
incl!de 2
'a( s!ms re(resenting the (roceeds of any loan raised by the State for
o
s(ecific (!r(oses and a((ro(riated for those (!r(oses by the law
a!thorising the raising of the loan3
'#( s!ms re(resenting any money or interest on money recei6ed by the
o
State s!b"ect to a tr!st and to be a((lied in accordance with the terms of
the tr!st3
'(s!ms re(resenting any money held by the State which has been
o
recei6ed or a((ro(riated for the (!r(ose of any tr!st f!nd established by or
in accordance with federal or State law.
'+( The said statement shall also show, so far as is (racticable, the assets and
liabilities of the State at the end of the last com(leted financial year, the manner in
which those assets are in6ested or held, and the general heads in res(ect of which
those liabilities are o!tstanding.
Su77ly .ill
%,& The heads of e*(endit!re to be met from the #onsolidated F!nd of the State, b!t not
charged thereon, other than the s!ms mentioned in (aragra(hs $a& and $b& of section -% $0&
of the Eighth Sched!le to the Federal #onstit!tion, shall be incl!ded in a Dill, to be
known as a S!((ly Dill, (ro6iding for the iss!e from the #onsolidated F!nd of the s!ms
necessary to meet that e*(endit!re and the a((ro(riation of those s!ms for the (!r(oses
s(ecified therein.
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Su77l!"!ntary an2 !;!ss !;7!n2itur!
%/& 5f in res(ect of any financial year it is fo!nd 2
'a( that the amo!nt a((ro(riated by the S!((ly Enactment for that (!r(ose is
ins!fficient, or that a need has arisen for e*(endit!re for a (!r(ose for which no
amo!nt has been a((ro(riated by the S!((ly Enactment3 or
'#( that any moneys ha6e been e*(ended for any (!r(ose in e*cess of the amo!nt
(aragra(hs $a&, $b& and $c& of section -% $0& of the Eighth Sched!le to the Federal
#onstit!tion.
'+( The State +egislat!re may in res(ect of any financial year a!thorise, before the
(assing of the S!((ly Enactment, e*(endit!re for (art of the year and the iss!e
from the #onsolidated F!nd of any moneys re:!ired to meet that e*(endit!re.
IMPARTIAL TREATMENT OF STATE EMPLOBEES
I"7artial tr!at"!nt of Stat! !"7loy!!s
%1& ,ll (ersons of whate6er race in the same grade of the ser6ice of the State, shall,
s!b"ect to the terms and conditions of their em(loyment, be treated im(artially.
AMENDMENT OF THE CONSTIT-TION
A"!n2"!nt of t6! Constitution
%3&
'%( The following (ro6ision of this section shall ha6e effect with res(ect to the
4!ling #hiefs and similar Malay c!stomary dignitaries may not be amended by
the State +egislat!re.
'*( ,ny other (ro6isions may, s!b"ect to the following (ro6isions of this section,
amendment e*ce(ted from the (ro6isions of this s!bsection& shall not be (assed
by the +egislati6e ,ssembly !nless it has been s!((orted on Second and Third
4eadings by the 6otes of not less than two2thirds of the total n!mber of members
thereof.
',( The following amendments are e*ce(ted from the (ro6isions of s!bsection $%&,
that is to say 2
'a( any amendment conse:!ential on s!ch a law as is mentioned in section
o
% or section '- of the Eighth Sched!le to the Federal #onstit!tion3 and
'aa( any amendments to the definition of the territory of the State which is
o
made in conse:!ence of the (assing of a law altering the bo!ndaries of the
State !nder ,rticle ' of the Federal #onstit!tion to which the State
+egislati6e ,ssembly and the #onference of 4!lers ha6e consented !nder
the said ,rticle3 and
'#( any amendment of effect of which is to bring the #onstit!tion of this
o
State into accord with any of the (ro6isions of the said Sched!le, b!t only
if it is made after the +egislati6e ,ssembly has been elected in accordance
with section % of that Sched!le.
'/( This section does not in6alidate any (ro6ision of the #onstit!tion of this State
the 9ang di2ert!an ,gong acting in his discretion b!t after cons!ltation with the
#hief Minister.
')( The 9ang di2ert!a Negeri shall be a((ointed for a term of fo!r years b!t may
at any time resign his office by writing !nder his hand addressed to the 9ang di2
ert!an ,gong and may be remo6ed from office by the 9ang di2ert!an ,gong in
(!rs!ance of an address by the +egislati6e ,ssembly of the State s!((orted by
6otes of not less than two2thirds of the total n!mber of its members.
'*( The +egislat!re may by law make (ro6ision for enabling the 9ang di2ert!an
,gong, acting in his discretion b!t after cons!ltation with the #hief Minister, to
a((oint a (erson to e*ercise the f!nctions of the 9ang di2ert!a Negeri d!ring
any (eriod which the 9ang di2ert!a Negeri is !nable to do so himself owing to
illness, absence or any other ca!se3 b!t no (erson shall be so a((ointed !nless he
wo!ld be :!alified to be a((ointed a 9ang di2ert!a Negeri.
'+( , (erson a((ointed !nder s!bsection $0& may take the (lace of the 9ang di2
ert!a Negeri as a member of the #onference of d!ring any (eriod which !nder
that s!bsection he may e*ercise the f!nctions of the 9ang di2ert!a Negeri.
Eualifiation an2 2isa#iliti!s of Ban= 2i-P!rtua N!=!ri
%3.&
'%( , (erson who is not a citi8en or is a citi8en by nat!ralisation or by registration
!nder ,rticle -/ of the Federal #onstit!tion shall not be a((ointed a 9ang di2
ert!a Negeri.
')( The 9ang di2ert!a Negeri shall not hold any office of (rofit and shall not
s!bscribe in the (resence of the #hief J!stice or of a "!dge of the 7igh #o!rt, an
oath or affirmation in the following form, that is to say 2
F5, ..................................................... ha6ing been a((ointed 9ang di2ert!a
Negeri of the State of ............................................................ do solemnly swear
$or affirm& that 5 will faithf!lly discharge my d!ties as s!ch to the best of my
ability, that 5 will bear tr!e faith and allegiance to the State of .................... and to
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the Federation of Malaysia, and that 5 will (reser6e, (rotect and defend the
#onstit!tion of the Federation of Malaysia and the #onstit!tion of the State
of .........................F.
')( ,ny law made !nder s!bsection $0& of section -., shall make (ro6ision
'a( the 4!ler shall first a((oint as Menteri Desar to (reside o6er the
o
E*ec!ti6e #o!ncil a (erson who in his "!dgment is likely to command the
confidence of the ma"ority of the ,ssembly3 and
'#( he shall on the ad6ice of the Menteri Desar a((oint not more than eight
o
nor less than fo!r other (ersons.
'*( Notwithstanding anything in this section, a (erson who is a citi8en by
any (ro6ision in the #onstit!tion of this State restricting his choice of a Menteri
Desar, if in his o(inion it is necessary to do so in order to com(ly with the
(ro6isions of this section.
',( The E*ec!ti6e #o!ncil shall be collecti6ely res(onsible to the +egislati6e
,ssembly.
'/( The Menteri Desar shall cease to hold office at the e*(iration of a (eriod of
three months from the date of his a((ointment, !nless before the e*(iration of that
(eriod a resol!tion of confidence in him has been (assed by the +egislati6e
,ssembly3 and if at any time he ceases to command the confidence of the
ma"ority of the members of the +egislati6e ,ssembly, then !nless at his re:!est
the 4!ler dissol6es the +egislati6e ,ssembly, he shall tender the resignation of
the E*ec!ti6e #o!ncil.
'0( S!b"ect to s!bsection $A&, a member of the E*ec!ti6e #o!ncil other than the
Menteri Desar shall hold office at the 4!ler>s (leas!re, b!t any member of the
#o!ncil may at any time resign his office.
'1( , member of the E*ec!ti6e #o!ncil shall not engage in any trade, b!siness or
a((lies to the States of enang and Malacca e*ce(t for the modifications of
section -; stated in s!bsection $'& of this section.
')( Section -; in its a((lication to the State of Sabah or Sarawak may be modified
by the s!bstit!tion for the words Fone of its members to be S(eakerF in s!bsection
$-& of the words Fas S(eaker s!ch (erson as the ,ssembly may determineF by the
omission of the word FotherF in s!bsection $0&, and by the addition of a s!bsection
$%& 2
F$%& , (erson shall not be chosen to be S(eaker, !nless he is a member or
o
:!alified to be a member of the +egislati6e ,ssembly, and the S(eaker,
whether a member or not, shall 6acate his office on the dissol!tion of the
,ssembly, and may at any time resign his office.F
NINTH SCHED-LE
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LEGISLATI:E LISTS
List I - F!2!ral List
%&E*ternal affairs, incl!ding 2
'a( Treaties, agreements and con6entions with other co!ntries and all matters
which bring the Federation into relations with any other co!ntry3
'#( 5m(lementation of treaties, agreements and con6entions with other co!ntries3
'#( ,ny armed forces attached to or o(erating with any of the armed forces of the
'!(=ar and (eace3 alien enemies and enemy aliens3 enemy (ro(erty3 trading with
'!(National registration.
+&#i6il and criminal law and (roced!re and the administration of "!stice, incl!ding 2
'a( #onstit!tion and organi8ation of all co!rts other that Syariah #o!rts3
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'(4em!neration and other (ri6ileges of the "!dges and officers (residing o6er
s!ch co!rts3
'2( ersons entitled to (ractise before s!ch co!rts3
'=( Ese of e*hibition of coats of arms, armorial bearing, flags, emblems, !niforms,
federal law3
'G( ,dmiralty J!risdiction3
'?(,scertainment of 5slamic law and other (ersonal laws for (!r(oses of federal
law3 and
'l(Detting and lotteries.
ser6ice3
'!(<o6ernment and administration of the Federal Territories of K!ala +!m(!r
and +ab!an incl!ding 5slamic law therein to the same e*tent as (ro6ided in item 5
in the State +ist and in res(ect of the Federal Territory of +ab!an, nati6e law and
c!stom to the same e*tent as (ro6ided in item -0 of the S!((lement to State +ist
for States of Sabah and Sarawak3
'f( Federal <o6ernment contracts3
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'=( Federal (!blic a!thorities3 and
'6( !rchase, ac:!isition and holding of, and dealing with, (ro(erty for federal
(!r(oses.
0&Finance, incl!ding 2
'a( #!rrency, legal tender and coinage3
enter(rise3
'2( +oans to or borrowing by the States, (!blic a!thorities and (ri6ate enter(rise3
'f( Financial and acco!nting (roced!re, incl!ding (roced!re for the collection,
c!stody and (ayment of the (!blic moneys of the Federation and of the States,
and the (!rchase, c!stody and dis(osal of (!blic (ro(erty other than land of the
Federation and of the States3
'=( ,!dit and acco!nt of the Federation and the States and other (!blic a!thorities3
'i(Fees in res(ect of any of the matters in the Federal +ist or dealt with by federal
law3
'G( Danking, money2 lending> (awnbrokers3 control of credit3
'G( S!b"ect to item ' $c& in the State +ist3 )e6elo(ment of mineral reso!rces,
mines, mining, minerals and mineral ores, oils and oilfields3 (!rchase, sale,
im(ort and e*(ort of minerals and mineral ores3 (etrole!m (rod!cts3 reg!lation of
labo!r and safety in mines and oilfields3
'?(Factories, boilers and machinery, dangero!s trades3 and
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'l()angero!s and inflammable s!bstances.
'(,irways, aircraft and air na6igation3 ci6il aerodromes3 (ro6isions for the
safety of aircraft3
'2( 4eg!lation of traffic by land, water and air other than on ri6ers o!tside
'#( =ater s!((lies, ri6ers and canals, e*ce(t those wholly within one State or
meteorological organi8ations3
'(Scientific and technical research3 and
'(ermits and licences for (ros(ecting for mines3 mining leases and certificates3
and
'f( Escheat3 treas!re tro6e e*cl!ding anti:!ities.
*&E*ce(t with res(ect to the Federal Territories of K!ala +!m(!r and +ab!an,
agric!lt!re and forestry, incl!ding 2
'a( ,gric!lt!re and agric!lt!ral loans, and
'#( Forests.
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+&+ocal go6ernment o!tside the Federal Territories of K!ala +!m(!r and +ab!an,
incl!ding 2
'a( +ocal administration3 m!nici(al cor(oration3 local town and r!ral board and
other local a!thorities3 local go6ernment ser6ices, local rates, local go6ernment
elections3
'#( Bbno*io!s trades and (!blic n!isances in local a!thority areas3
,&E*ce(t with res(ect to the Federal Territories of K!ala +!m(!r and +ab!an, other
ser6ices of a local character, that is to say 2
'a( $4e(ealed&.
'#( 4oads, bridges and ferries other than those in Federal +ist, reg!lation of
'f( Fees in res(ect of any of the matters incl!ded in the State +ist or dealt with by
State law.
1&State holidays.
3&#reation of offences in res(ect of any of the matters incl!ded in the State +ist or dealt
with by State law, (roof of State law and of thing done there!nder, and (roof of any
matter for (!r(oses of State law.
%4& 5n:!iries for State (!r(oses, incl!ding commissions of in:!iry and collection of
statistics with res(ect to any of the matters incl!ded in the State +ist of dealt with by
State law.
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%%& 5ndemnity in res(ect of any of the matters in the State +ist or dealt with by State law.
%)& T!rtles and ri6erine fishing.
List IIA - Su77l!"!nt to Stat! List for Stat! of Sa#a6 an2 Sara>a?
%*& Nati6e law and c!stom, incl!ding the (ersonal law relating to marriage, di6orce,
g!ardianshi(, maintenance, ado(tion, legitimacy, family law, gifts or s!ccession testate
or intestate3 registration of ado(tions !nder nati6e law or c!stom3 the determination of
matters of nati6e law or c!stom3 the constit!tion, organi8ation and (roced!re of nati6e
co!rts $incl!ding the right of a!dience in s!ch co!rts&, and the "!risdiction and (owers of
s!ch co!rts, which shall e*tend only to the matters incl!ded in this (aragra(h and shall
not incl!de "!risdiction in res(ect of offences e*ce(t in so far as conferred by federal law.
%+& 5ncor(oration of a!thorities and other bodies set !( by State law, if incor(orated
directly by State law, and reg!lation and winding !( of cor(orations so created.
%,& orts and harbo!rs, other than those declared to be federal by or !nder federal law3
reg!lation of traffic by water in (orts and harbo!rs or on ri6ers wholly within the State,
e*ce(t traffic in federal (orts or harbo!rs3 foreshores.
%/& #adastral land s!r6eys.
%0& +ibraries, m!se!ms, ancient and historical mon!ments and records and
archaeological sites and remains, other than those declared to be federal by or !nder
federal law.
%1& 5n Sabah, the Sabah 4ailway.
%3& $4e(ealed&.
List II . - 'R!7!al!2(
List III - Conurr!nt List
%&Social welfare3 social ser6ices s!b"ect to +ists 5 and 553 (rotection of women, children
and yo!r (ersons.
)&Scholarshi(s.
*&rotection of wild animals and wild birds3 National arks.
+&,nimal h!sbandry, (re6ention of cr!elty to animals3 6eterinary ser6ices3 animal
:!arantine.
,&Town and co!ntry (lanning, e*ce(t in the federal ca(ital.
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/&Jagrancy and itinerant hawkers.
0&!blic health, sanitation $e*cl!ding sanitation in the federal ca(ital& and the (re6ention
of diseases.
1&)rainage and irrigation.
3&4ehabilitation of mining land and land which has s!ffered soil erosion.
3A& Fire safety meas!res and fire (reca!tions in the constr!ction and maintenance of
b!ilding.
List IIIA - Su77l!"!nt to Conurr!nt List for Stat! of Sa#a6 an2
Sara>a?
%4& ersonal law relating to marriage, di6orce, g!ardianshi(, maintenance, ado(tion,
legitimacy, family law, gifts or s!ccession testate and intestate.
%%& ,d!lteration of foodst!ffs and other goods.
%)& Shi((ing !nder fifteen registered tons, incl!ding the carriage of (assengers and goods
by s!ch shi((ing, maritime and est!arine fishing and fisheries.
%*& The (rod!ction, distrib!tion and s!((ly of water (ower and of electricity generated
by water (ower.
%+& ,gric!lt!ral and forestry research, control of agric!lt!ral (ests, and (rotection against
s!ch (ests, (re6ention of (lant diseases.
%,& #harities and charitable tr!sts and instit!tions in the State $that is to say, o(erating
wholly within, or created and o(erating in, the State& and their tr!stees, incl!ding the
incor(oration thereof and the reg!lation and winding2!( of incor(orated charities and
charitable instit!tions in the State.
%/& Theatres3 cinemas3 cinematogra(h films3 (laces of (!blic am!sements.
%0& Elections to the State ,ssembly held d!ring the (eriod of indirect elections.
%1& 5n Sabah !ntil the end of the year -./; $b!t not in Sarawak&, medicine and health,
incl!ding the matters s(ecified in items -% $a& to $d& of the Federal +ist.
List III . - 'R!7!al!2(&
of Malaysia
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TENTH SCHED-LE
GRANTS AND SO-RCE OF RE:EN-E ASSIGNED TO STATES
Part I - CAPITATION GRANT
%&
'%( The ca(itation grant (ayable to each State in res(ect of a financial year shall
standard determined for State roads in those States by the Federal <o6ernment
after cons!ltation with the National Federal #o!ncil3 by
'#( so m!ch of the mileage of State roads in the State as :!alifies for grant.
thirty2first day of )ecember of the (receding financial year, and the a6erage cost
mentioned in (aragra(h $a& of that section shall be taken to be the a6erage cost in
that State calc!lated in the (receding financial year3 and
'#( the maintenance of State roads means the (reser6ation, !(kee( and restoration
-.A% and -.A@, be (ayable at the rate of L%,@;; a mile in res(ect of a mileage in
Sabah of -,-@- miles and in Sarawak of s!ch amo!nt as may be agreed between
the Federal and State <o6ernments.
')( Thereafter sections ' to @ shall a((ly to the State road grant so (ayable with
'#( those town boards, town co!ncils, r!ral boards, local co!ncils and similar
local a!thorities which ha6e (ower !nder written law to retain their re6en!es and
control the s(ending thereof.
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1&4ecei(ts in res(ect of water s!((lies, incl!ding water rates.
3&4ents on State (ro(erty.
%4& 5nterest on State balances.
%%& 4ecei(ts from land sales and sales of State (ro(erty.
%)& Fines and forfeit!res in co!rts other than federal co!rts.
%*& Iakat, Fitrah and Dait!mal and similar 5slamic religio!s re6en!e.
%+& Treas!re tro6e.
Part I: - SPECIAL GRANTS TO STATES OF SA.AH AND
SARAWAC
%&
'%( 5n the case of Sarawak a grant of L@,1;;,;;; in each year.
')( 5n the case of Sarawak, a grant of which the amo!nt in -.A% and each of the
fo!r following years shall be res(ecti6ely L0.@m., L/m., L--.@m., L-Am., L'-m.,
and in later years shall be fi*ed on a re6iew !nder ,rticle --'D.
)&
'%( 5n the case of Sabah, a grant of an amo!nt e:!al in each year to two2fifths of
the amo!nt by which the net re6en!e deri6ed by the Federation from Sabah
e*ceeds the net re6en!e which wo!ld ha6e been so deri6ed in the year -.A0 if 2
'a( the Malaysia ,ct had been in o(eration in that year as in the year -.A%3
and
'#( the net re6en!e for the year -.A0 were calc!lated witho!t regard to
any alternation of any ta* or fee made on or after Malaysia )ay3
$Fnet re6en!eF meaning for this (!r(ose the re6en!e which accr!es to the
Federation, less the amo!nts recei6ed by the State in res(ect of assignments of
that re6en!e&.
')( 5n the case of Sabah, for any year before -.A1 in which the State road grant is
effect3 or
'#( affect the (re6io!s o(eration of any written law so re(ealed or anything d!ly
contrary intention a((ears, the (ower may be e*ercised and the d!ty shall be
(erformed from time to time as occasion re:!ires.
')( =here a written law confers a (ower or im(oses a d!ty on the holder of an
office as s!ch, then, !nless the contrary intention a((ears, the (ower may be
e*ercised and the d!ty shall be (erformed by the holder of the office for the time
being or by a (erson d!ly a((ointed to act for him.
)3& ower to a((oint incl!des (ower to dismiss 2 =here a written law confers !(on any
(erson or a!thority a (ower to make a((ointments to any office or (lace, the (ower shall,
!nless the contrary intention a((ears, be constr!ed as incl!ding a (ower to dismiss or
s!s(end any (erson a((ointed and to a((oint another (erson tem(orarily in the (lace of
any (erson so s!s(ended or in (lace of any sick or absent holder of s!ch office or (lace?
*4& #onstr!ction of enabling words 2 =here a written law confers (ower on any (erson to
do or enforce the doing of any act or thing, all s!ch (owers shall be !nderstood to be also
conferred as are reasonably necessary to enable the (erson to do or enforce the doing of
the act or thing.
*)& Bfficial designation to incl!de officer e*ec!ting d!ties 2 =hen reference is made in
any written law, instr!ment, warrant or (rocess of any kind made or iss!ed by the 9ang
di2ert!an ,gong, or a 4!ler or any body or (erson ha6ing a!thority !nder any written
law to make or to iss!e the same to any (!blic officer by the term designating his office,
s!ch officer shall incl!de the officer for the time being e*ec!ting the d!ties of s!ch office
or any (ortion of s!ch d!ties.
**& ower of 9ang di2ert!an ,gong to (ro6ide for e*ec!tion of d!ties of (!blic officer
d!ring tem(orary absence or inability 2
'%( =here by or !nder any written law any (owers are conferred or any d!ties are
im(osed !(on a (!blic officer, the 9ang di2ert!an ,gong or, in the case of a
(!blic officer borne on the establishment of a State, the 4!ler of that State, may
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direct that if, d!ring any (eriod, owing to absence or inability to act from illness
or any other ca!se, s!ch (!blic officer is !nable to e*ercise the (owers or (erform
the d!ties of his office in any (lace !nder his "!risdiction or control, s!ch (owers
shall be had and may be e*ercised and s!ch d!ties shall be (erformed in s!ch
(lace by a (erson named by, or by a (!blic officer holding the office designated
by, the 9ang di2ert!an ,gong or 4!ler, as the case may be, and there!(on s!ch
(erson or (!blic officer, d!ring any (eriod as aforesaid, shall ha6e and may
e*ercise the (owers and shall (erform the d!ties aforesaid s!b"ect to s!ch
conditions, e*ce(tions and :!alifications as the 9ang di2ert!an ,gong or 4!ler
may direct.
')( =itho!t (re"!dice to the (ro6isions of s!bsection $-&, when a s!bstanti6e
*,$4e(ealed&.
*/#om(!tation of time 2 5n com(!ting time for the (!r(oses of any written law, !nless
the contrary intention a((ears 2
'a( a (eriod of days from the ha((ening of an e6ent or the doing of any act or
thing shall be deemed to be e*cl!si6e of the day in which the e6ent ha((ens or the
act or thing is done3
'#( if the last day of the (eriod is a weekly holiday or a (!blic holiday $which
days are in this section referred to as e*cl!ded days& the (eriod shall incl!de the
ne*t following day not being an e*cl!ded day3
'(when any act or (roceeding is directed or allowed to be done or taken on a
certain day, then, if that day ha((ens to be an e*cl!ded day, the act or (roceedings
shall be considered as done or taken in d!e time if it is dome or taken on the ne*t
day afterwards, not being an e*cl!ded day3
'2( when an act or (roceedings is directed or allowed to be done or taken within
any time not e*ceeding si* days, e*cl!ded days shall not be reckoned in the
com(!tation of the time.
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*1ro6ision when no time (rescribed 2 =here no time is (rescribed or allowed within
which anything shall be done, s!ch thing shall be done with all con6enient s(eed and as
often as the (rescribed occasion arises.
+4ASolicitor2<eneral to e*ercise (owers of ,ttorney <eneral 2
'%( Enless in any written law it is otherwise e*(ressly (ro6ided, the Solicitor2
<eneral may (erform any of the d!ties and may e*ercise any of the (owers of the
,ttorney <eneral.
')( =here the 9ang di2ert!an ,gong or any other (erson has lawf!lly delegated
his (owers to the ,ttorney <eneral s!ch delegation shall, !nless otherwise
e*(ressly (ro6ided, be deemed to be delegation of (owers to both the ,ttorney
<eneral and the Solicitor2<eneral.
+)!blic officers 2 , reference in any written law to any (!blic officer by the !s!al or
common title of his office shall, if there be s!ch an office c!stomarily in the Federation
or any State and !nless the contrary intentions a((ears, by read and constr!ed as referring
to the (erson for the time being holding or carrying o!t the d!ties of that office in the
Federation or State, as the case amy be.
++#onstr!ction of references to laws 2 5n any written law a descri(tion or citation of a
(ortion of another written law shall, !nless a contrary intention a((ears, be constr!ed as
incl!ding the word, section or other (art mentioned or referred to as forming the
beginning and as forming the end of the (ortion com(rised in the descri(tion or citation.
+/English te*t to (re6ail 2 5n case of any conflict or discre(ancy between the English
te*t of a written law and any translation thereof, the english te*t shall (re6ail.
TWELFTH SCHED-LE
T=E+FT7 S#7E)E+E $4e(ealed&.
THIRTEENTH SCHED-LE
PRO:ISIONS RELATING TO DELIMITATION OF CONSTIT-ENCIES
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Part I - DECLARATION OF AND PRINCIPLES RELATING TO
THE DELIMITATION OF CONSTIT-ENCIES
%&The constit!encies for the election of members to the 7o!se of 4e(resentati6es and the
+egislati6e ,ssemblies of the State shall !ntil altered in accordance with the (ro6isions
of this Sched!le, be those first !sed for elections to the 7o!se or ,ssembly, as the case
may be, (!rs!ant to this #onstit!tion or the Malaysia ,ct.
)&The following (rinci(les shall as far as (ossible be taken into acco!nt in di6iding any
!nit of re6iew into constit!encies (!rs!ant to the (ro6isions of ,rticles --A and --/ 2
'a( while ha6ing regard to the desirability of gi6ing all electors reasonably
made to the #ommission within one month after the (!blication of s!ch notice,
and the #ommission shall take into consideration any re(resentation d!ly made in
accordance with any s!ch notice.
,&=here, on the (!blication of the notice !nder section % of a (ro(osed recommendation
of the Election #ommission for the alteration of any constit!encies, the #ommission
recei6e and (resentation ob"ecting to the (ro(osed recommendations from 2
'a( the State <o6ernment or any local a!thority whose area is wholly or (artly
be di6ided in order to gi6e effect to the (rinci(les set o!t in section '3 and
'#( the names by which they recommend that those constit!encies shall be known,
or stating that in their o(inion no alteration is re:!ired to be made in order to gi6e effect
to the said (rinci(les.
3&,s soon as may be after the Election #ommission ha6e s!bmitted their re(ort to the
rime Minister !nder section 1, he shall lay the re(ort before the 7o!se of
4e(resentati6es, together $e*ce(t in a case where the re(ort states that no alternation is
re:!ired to be made& with the draft of an Brder to be made !nder section -' for gi6ing
effect, with or witho!t modifications, to the recommendations contained in the re(ort.
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%4& 5f any draft Brder referred to in section . is a((ro6ed by the 7o!se of 4e(resentati6es
by resol!tion s!((orted by the 6otes of not less than one2half of the total n!mber of
members of that 7o!se, the rime Minister shall s!bmit the draft Brder to the 9ang di2
ert!an ,gong.
%%& 5f a motion for the remo6al of any draft Brder referred to in section . is re"ected by
the 7o!se of 4e(resentati6es, or withdrawn by lea6e of the 7o!se, or is not s!((orted by
the 6otes of not less than one2half of the total n!mber of members of the 7o!se, the
rime Minister may, after s!ch cons!ltation with the Election #ommission as he may
consider necessary, amend the draft and lay the amended draft before the 7o!se of
4e(resentati6e3 and if the draft as so amended is a((ro6ed by the 7o!se by a resol!tion
s!((orted by the 6otes of not less than one2half of the total n!mber of members of the
7o!se, the rime Minister shall s!bmit the amended draft to the 9ang di2ert!an ,gong.
%)& =here the draft of an Brder is s!bmitted to the 9ang di2ert!an ,gong !nder this
art, the 9ang di2ert!an ,gong shall make an Brder in the terms of the draft s!bmitted
to him, and the Brder shall come into force on s!ch date as may be s(ecified therein?
ro6ided that the coming into force of any s!ch Brder shall not affect any election
The (resent #la!se $'& was s!bstit!ted by ,ct ,0@%, s. '. in force from '/212-./A. This
#la!se before its s!bstit!tion by ,ct ,.0@% was amended by ,ct 'AM-.A0, s.%. in force
from -A2.2-.A0 $i.e. when Malaysia was established& read as follows?
F')( The States of the Federation shall be 2
Malaya, Malaysia, the States of the Federation, the State of Malaya, or =est
Malaysia, howe6er !sed, whether or not !sed in con"!nction with or as (art of
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another, shall be constr!ed to incl!de a reference to the Federal Territory, !nless
there is a (ro6ision to the contrary or there is something in the s!b"ect or conte*t
inconsistent with or re(!gnant to s!ch constr!ctionF.
*&The (resent #la!se was s!bstit!ted by ,ct ,@1@, a. --, in force from -A2%2-.1%.
Art& )$
See ,rt. '', --0 $0&, -@. $%& $bb&.
Art& * ')($
%&The words FStates not ha6ing a 4!lerF in line - were s!bstit!ted for FMalacca and
enangF by ,ct 'AM-.A0, s. / $-&, in force from -A2.2-.A0.
)&The words, Freligion of 5slamF were s!bstit!ted for FM!slim religionF by ,ct ,0@%, s.
%@, in force from '/212-./A.
Art& * '*($
The words Freligion of 5slamF were s!bstit!ted for FM!slim religionF by ,ct ,0@%, s. %@,
in force from '/212-./A. The words FStates of Malacca, enang, Sabah and SarawakF
were s!bstit!ted for FStates of Malacca and enangF by ,ct ,0@%, s.0. in force from '/2
12-./A.
%&,ct 'AM-.A0, s. /$'&, in force from -A2.2-.A0, s!bstit!ted Fenang and Singa(oreF for
Fand enangF ,ct @.M-.AA, s. ', in force from .212-.A@, restored the original 6ersion
Fand enangF.
)&See ,rt. @ of the #onstit!tions of the States of Malacca and enang.
Art& * ',($
%&,dded by ,ct ,';A, Sched!le, in force -2'2-./% and amended by ,ct ,0@%, s. %@, in
force from '/212-./A, s!bstit!ted Freligion of 5slamF for FM!slim religionF and F5slamicF
and FM!slimF.
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)&The words FTerritories of K!ala +!m(!r and +ab!anF were s!bstit!ted for the word
FTerritoryF by ,ct ,@1@, Sched!le, in force from -A2%2-.1%.
Art$ + '%(H
See ,rt. -@.,.
Art& + '*($
The words Fin (roceedings for a declaration that the law is in6alid on that gro!nd or
Fwhich a((ear before (ara. $a& were inserted by ,ct 'AM-.A0, s. %;, in force from -A2.2
-.A0.
Art& + '+($
,dded by ,ct 'AM-.A0, s. %;, in force from -A2.2-.A0.
Art& , '%($
See ,rt. -%. $-&.
Art& , ')($
The words Fa 7igh #o!rtF which a((ear in line - were s!bstit!ted for Fthe S!(reme
#o!rtF by ,ct 'AM-.A0, s. /;. in force from -A2.2-.A0.
Art& , '+($
ro6iso added by ,ct ,0@%, s. %, in force from 0-212-.@/.
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Art& / '+($
,dded by ,ct ,0@%, s. @, in force from '/212-./A.
Art& 1
See ,rt. -'.-A-, $@&
#la!se $@& $c&? The words FMalay enins!laF were s!bstit!ted for FFederationF by ,ct
'AM-.A0, s. /;, in force from -A2.2-.A0.
Art& 3
See ,rt. -%. $-&.
Claus! ')($
%&The words FS!b"ect to #la!se $0& and to any law relating to the sec!rity of the
Federation or any (art thereofF which a((ear at the commencement were s!bstit!ted for
the words FS!b"ect to any restriction im(osed by any law relating to the sec!rity of the
FederationF by ,ct 'AM-.A0, s. A; $-& in force from -A2.2-.A0.
)&See ,rt. % $'& $a&.
Claus! '*($
%&This #la!se was added by ,ct 'AM-.A0, s. A; $-&, in force from -A2.2-.A0. , (ro6iso
which was added at the same time was re(ealed by ,ct @.M-.AA, s. ', in force from -.2.2
-.AA. ,s it stood on the date of re(eal, the (ro6iso read as follows?
Fro6ided that no restriction on the right of mo6ement between the State of
Singa(ore and the State of Malaya shall be im(osed by 6irt!e of this #la!se
e*ce(t by a law relating to labo!r or ed!cation or to any matter in res(ect of
which, beca!se of the s(ecial (osition of the State of Singa(ore, it a((ears to
arliament to be desirable to (re6ent the en"oyment of rights both in the State of
Singa(ore and in the States of Malaya.F
)&This #la!se $0& a((lies to laws (assed before Malaysia )ay so as to im(ose restrictions
with effect from Malaysia )ay 2 ,ct 'AM-.A0, s. A; $'&.
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*&The (ro6iso to #la!se $0& was amended by adding F and any s!ch restriction shall
a((ly reci(rocally to the State of Malaya and the State of Singa(oreF at the end of the
(ro6iso by ,ct -.M-.A%, s. '. in force from 0;2/2-.A%.
Art& %4$
See ,rt. -%. $-&
Claus! '%($ The words FS!b"ect to #la!ses $'&, $0& and $%&F s!bstit!ted for FS!b"ect to
#la!ses $'& and $0&F by ,ct ,0;, s. ', in force from -;202-./-.
Claus! ')($
%&The words F or any (art thereofF which a((ear in (aras $a&, $b& and $c& after the word
FFederationF were inserted by ,ct 'AM-.A0, s. A; $0&, in force from -A2.2-.A0.
)&See ,rt. % $'& $b&.
Claus! '*( was added by ,ct 'AM-.A0, s. A; $%&, in force from -A2.2-.A0, which also
amended #la!se $-& by s!bstit!ting the words F#la!se $'& and $0&F for F#la!se $'&F
a((earing at the commencement of the #la!se.
Claus! '+( added by ,ct ,0;, s. ', in force from -;202-./-.
Art& %% '+($
%&The words Fand in res(ect of the Federal Territory, federal lawF were inserted after
FState lawF in line - by ,ct ,';A, Sched!le, in force from -2'2-./%. The words Freligion
of 5slamF s!bstit!ted for FM!slim religionF by ,ct ,0@%, s. %@, in force from '/212-./A.
)&S!bse:!ently the words FTerritoriesF K!ala +!m(!r and +ab!anF were s!bstit!ted for
the word FTerritoryF by ,ct ,@1@, Sched!le, in force from -A2%2-.1%.
Art& %) ')($
%&The (resent #la!se $'& was inserted by ,ct ,0@%, s. A, in force from '/212-./A and
re(laced the earlier #la!se which read as follows?
F$'& E6ery religio!s gro!( has the right to establish and maintain instit!tions for
the ed!cation of children and (ro6ide therein instr!ction in its own religion, and
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there shall be no discrimination on the gro!nd only of religion in any law relating
to s!ch instit!tions or in the administration of any s!ch law, b!t federal law or
State law may (ro6ide for s(ecial financial aid for the establishment or
maintenance of M!slim instit!tions or the instr!ction in the M!slim religion of
(ersons (rofessing that religion.F
)&The words For State lawF which a((ears in line fi6e after Ffederal lawF were inserted
by ,ct '@M-.A0, s. ' $-&, in force from 0-212-.@/ 6ide s. 0 $0&.
Art& %+
%&The (resent ,rticle was inserted by ,ct 'AM-.A0, s. '0, in force from -A2.2-.A0, b!t
#la!ses $-& $c&, $'& and $0&, which are re(rod!ced below, were re(ealed by ,ct @.M-.AA, s.
', in force from .212-.A@.
F'%( $#& e6ery citi8en of Singa(ore.
')( S!b"ect to the (ro6isions of this art, (ro6ision with res(ect to citi8enshi( of
Singa(ore may be made by the constit!tion of that State, and may be amended by
laws (assed by the +egislat!re of that State and a((ro6ed by ,ct of arliament.
'*( #iti8enshi( of Singa(ore shall not be se6erable from citi8enshi( of the
Federation, b!t a Singa(ore citi8en by the loss of either shall lose the other also
$s!b"ect to the (ro6ision made by this art for the enrolment of a Singa(ore
citi8en as a citi8en who is not a Singa(ore citi8en&.F
)&The earlier ,rticle, as it stood at the date of re(eal, read as follows?
F%+&
F'/( 5n #la!se $-& the words >o!tside Singa(ore> shall not ha6e effect in the
o
case of a woman whose h!sband is a citi8en by nat!ralisation !nder
#la!se $'& of ,rticle -..F
'#( by deleting the references to Singa(ore and Singa(ore citi8ens in #la!ses $-&
to $@&.
Claus! '%( ? See ,rt. '% $%&, 'A $'&, '1 $-& $b&, '1, $0&.
Claus! '*( ? See 'nd Sch. t 555. s.-1.
)&The original ,rticle as it stood on Merdeka )ay read as follows?
F%,
'%( S!b"ect to ,rticle -1, any woman who is married to a citi8en is entitle,
o
!(on making a((lication to the registering a!thority, to be registered as a
citi8en.
')( S!b"ect to ,rticle -1, any (erson !nder the age of twenty2one years
o
whose father is a citi8en or, if deceased, was a citi8en at the time of his
death, is entitled, !(on a((lication made to the registering a!thority by his
(arent or g!ardian, to be registered as a citi8en if that a!thority is satisfied
that he is ordinarily resident in the Federation and is of good character.