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Constitution of Malaysia (1957) – 16: Schedules

SCHEDULE

FIRST SCHEDULE

[Article 18(1), 19(9)]

Oath of Applicants for Registration or Naturalization

I ……………………………………………… of ……………………………………………… hereby declare on oath that I absolutely and entirely renounce and abjure all loyalty to any country or State outside the Federation, and I do swear that I will be faithful and bear true allegiance to His Majesty the Yang di-Pertuan Agong and be a true, loyal and faithful citizen of the Federation.

SECOND SCHEDULE

PART I CITIZENSHIP BY OPERATION OF LAW OF PERSONS BORN BEFORE MALAYSIA DAY

1.

(1) Subject to the provision of Part III of this Constitution and anything done thereunder before Malaysia Day, the following persons born before Malaysia Day are citizens by operation of law, that is to say:

(a) every person who immediately before Merdeka Day, was a citizen of the Federation by virtue of any of the provisions of the Federation of Malaya Agreement,* 9148, whether by operation of law or otherwise;

(b) every person born within the Federation on or after Merdeka Day and before October, 1962;

(c) every person born within the Federation after September, 1962, of whose parents one at least was at the time of the birth either a citizen or

permanently resident in the Federation, or who was not born a citizen of any other country;

(d) every person born outside the Federation on or after Merdeka Day whose father was a citizen at the time of his birth and either was born in the Federation or was at the time of the birth in service under the Government of the Federation or of a State;

(e) every person born outside the Federation on or after Merdeka Day whose father was a citizen at the time of the birth if the birth was, or is, within one year of its occurrence or within such longer period as in any particular case was or is allowed by the Federal Government, registered at a consulate of the Federation or, if it occurred in Singapore, Sarawak, Brunei or North Borneo, registered with the Federal Government.

(2) A person is not a citizen by virtue of paragraph (b) or (c) of subsection (1) is, at the time of his birth, his father, not being a citizen, possessed such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the Yang di-Pertuan Agong.

2. Subject to the provisions of Part III of this Constitution, a person ordinarily resident in the State of Sabah or Sarawak or in Brunei on Malaysia Day is a citizen by operation of law if he was immediately before that day a citizen of the United Kingdom and Colonies, and either -

(a) was born in the territories comprised in the States of Sabah and Sarawak; or

(b) became such a citizen by registration in those territories or by or in consequence of naturalisation there.

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

1. Subject to the provision of Part III of this Constitution, the following persons born on or after Malaysia Day are citizens by operation of law, that is to say:

(a) every person born within the Federation of whose parents one at least is at the time of the birth either a citizen or permanently resident in the Federation; and

(b) every person born outside the Federation whose father is at the time of the birth a citizen and either was born in the Federation or is at the time of the birth in the service of the Federation or of a State; and

(c) every person born outside the Federation whose father is at the time of the birth a citizen and whose birth is, within one year of its occurrence or within such longer period as the Federal Government may in any particular case allow, registered at a consulate of the Federation or, if it occurs in Brunei or in a territory prescribed for this purpose by order of the Yang di-Pertuan Agong, registered with the Federal Government; and

(d) every person born in Singapore of whose parents one at least is at the time of the birth a citizen and who is not born a citizen otherwise than by virtue of this paragraph; and

(e) every person born within the Federation who is not born a citizen of any country otherwise than by virtue of this paragraph.

2.

(1) A person is not a citizen by virtue of paragraph (a), (d) or (e) of section 1 if, at the time of his birth, his father, not being a citizen, possesses such immunity from suit and legal process as is accorded to an envoy of a sovereign power accredited to the Yang di-Pertuan Agong, or if his father is then an enemy alien and the birth occurs in a place under the occupation of the enemy.

(2) In section 1 the reference in paragraph (b) to a person having been born in the Federation includes his having been born before Malaysia Day in the territories comprised in the States of Sabah and Sarawak.

(3) For the purposes of paragraph (c) of section 1 a person is to be treated as having at birth any citizenship which he acquires within one year afterwards by virtue of any provisions corresponding to paragraph (c) of that section or otherwise.

PART III SUPPLEMENTARY PROVISION RELATING TO CITIZENSHIP

The Minister

1. The functions of the Federal Government under Part III of this Constitution shall be exercised by such Minister of the Government as the Yang di-Pertuan Agong may from time to time direct, and references in this Schedule to the Minister shall be construed accordingly.

2. A decision of the Federal Government under Part III of this Constitution shall not be subject to appeal or review in any court.

3. (Repealed).

4.

(1) The Minister may delegate to any officer of the Federal Government or, with the consent of the Ruler or Yang di-Pertuan Negeri of any State, to any officer of the Government of that State, any of his functions under Part III of this Constitution or this Schedule relating to citizenship by registration and the keeping of registers, and, in relation orders under paragraph (c) of Clause (1) of Article 25 or under Article 26, any of his functions under Article 27 prior to determine whether to make such an order; but any person aggrieved by the decision of a person to whom the functions of the Minister are so delegated may appeal to the Minister.

(2) The Minister may also, with the consent of the Yang di-Pertuan Negeri of the State, delegate to an authority of the State of Sabah or Sarawak (subject or not to conditions providing for an appeal from that authority to the Minister) any of the Minister’s functions under Clause (6) of Article 28A which are not required to be delegated by Clause (7) of that Article.

(3) Subsection (1) shall apply to enrolments under Clause (2) of Article 19A as it applies to citizenship by registration, and to the cancellation under Clause (4) of Article 19A of an enrolment under that Article as it applies to an order under Article 26.

5. (Repealed).

Functions of Minister

6. Subject to federal law, the Minister may make rules* and prescribe forms for the purpose of the exercise of his functions under Part III of this Constitution.

7. Any power of the Federal Government to extend, for purposes of Part III of this Constitution, the period for registering a birth occurring outside the Federation may be exercised either before or after the registration has been affected.

8. (Repealed).

9. Any notice to be given by the Minister to any person under Article 27 may be sent to that person at his last known address, or, in the case of a person under the age of twenty-one years (not being a married woman), to his parent or guardian at the last known address of the parent or guardian; and if an address at which notice may be sent to any person under this section is not known and cannot after reasonable inquiry be ascertained, the notice may be given by publication in the Gazette.

10.

(1) It shall be the duty of the Minister to compile and maintain -

(a) a register of citizens by registration;

(b) a register of citizens by naturalisation;

(c) a register of persons to whom certificates have been issued under Clause (1) of Article 30;

(d) a register of person who have renounced or been deprived of citizenship under any provision of Part III of this Constitution;

(e) (Repealed).

(f) an alphabetical index of all person referred to in paragraphs (a) to (d).

(2) References in this section to citizen by registration or by naturalisation shall be construed in accordance with Article 28 as if this section were included among the provisions to which that Article applies.

11. If the Minister has reason to believe that an error appears in any register compiled under section 10, he shall, after giving notice to the person concerned and after considering such representations from him as he may choose to make, make such alteration on the register as appears to the Minister to be necessary to correct the error.

12. Subject to section 11, the said register shall be conclusive evidence of the matters therein contained.

13 – 15. (Repealed).

Offences

16.

(1) It shall be an offence punishable with imprisonment for two years or a fine of one thousand ringgit or both for any person -

(a) knowingly to make any false statement with a view to inducing the Minister to grant or refuse any applications under Part III of this Constitution, including any application to determine whether the applicant is a citizen by operation of law; or

(b) to forge or without lawful authority alter any certificate, whether issued or granted in the Federation or elsewhere, or without lawful authority use or have in his possession any certificate which has been so forged or altered; or

(c) to fail to comply with any requirement imposed upon him by any rules made under section 6 with respect to the delivering up of certificates;

(d) to personate or falsely represent himself to be or not to be a person to whom a certificate, whether issued in the Federation or elsewhere, has been duly issued or granted.

(2) In this section “certificate” means any certificate of the following descriptions issued under Part III of this Constitution that is to say -

(a) any certificate of registration or of naturalisation as a citizen; and

(b) any certificate of registration effected at a consulate of the Federation or elsewhere outside the Federation; and

(c) any such certificate as is mentioned in Article 30.

Interpretation

17. For the purposes of Part III of this Constitution references to a person’s father or to his parent, or to one of his parents, are in relation to a person who is illegitimate to be construed as references to his mother, and accordingly section 19 of this Schedule shall not apply to such a person.

18. In relation to an adopted child whose adoption has been registered under any written law in force in the Federation, including any such law in force before Merdeka Day, Clause (3) of Article 15 shall have effect as if for the reference to his father there were substituted a reference to the adopter, and references in that Clause and section 9 of this Part of this Schedule to his parent shall be construed accordingly.

19. Any reference in Part III of this Constitution to the status or description of the father of a person at the time of that person’s birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the father’s death; and where that death occurred before and the birth occurs on or after Merdeka Day, the status or description which would have been applicable to the father had he died after Merdeka Day shall be deemed to be the status or description applicable to him at the time of his death. This section shall have effect relation to Malaysia Day as it has effect relation to Merdeka Day.

19A. For the purposes of Part I and II of this Schedule a person born on board a registered ship or aircraft shall be deemed to have been born in the place in which the ship or aircraft was registered, and a person born on board an unregistered ship or aircraft of the Government of any country shall be deemed to have been born in that country.

19B. For the purposes of Part I and II of this Schedule any new born child found exposed in any place shall be presumed, until the contrary is shown, to have been born there of a mother permanently resident there; and if he is treated by virtue of this section as so born, the date of the finding shall be taken to be the date of the birth.

19C. For the purposes of Part I or II of the Schedule a person shall be treated as having been at any time permanently resident in the Federation if, but only if, he was then resident in the Federation and either -

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

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

20.

(1) In calculating for the purposes of Part III of this Constitution any residence in the Federation -

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

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

(c) a period of absence from the Federation for reasons of health;

(d) a period of absence from the Federation on duty in the service of the Federation or of any State, where such period is not inconsistent with the essential continuity of such residence; and

(e) a period of absence from the Federation for any other cause prescribed generally or specially by the Minister, shall be treated as residence in the Federation.

(2) In calculating for the purposes of Part III of this Constitution any residence in the Federation -

(a) a period during which a person was not lawfully resident in the Federation;

(b) a period spent as an inmate of any prison or as a person detained in lawful custody in any other place, other than a mental hospital, under the provision of any written law of the Federation; and

(c) a period during which a person is allowed to remain temporarily in the Federation under the authority of any pass issued or exemption order made under the provisions of any written law of the Federation relating to immigration, shall not, except in the case of any period referred to in paragraph (c) with the consent of the Minister, be treated as residence in the Federation.

(3) For the purposes of Part II of this Constitution a person shall be deemed to be resident in the Federation on a particular day if he had been resident in the Federation before that day and that day is included in any period of absence referred to in subsection (1).

(4) This section shall apply in relation to any part of the Federation and the territories comprised in that part before Malaysia Day as it applies in relation to the Federation as a whole, and the reference in subsection (1) (d) to the service of a State shall include, in relation to those territories, the service of any Government having jurisdiction therein before Malaysia Day; and in relation to Malaysia Day or any later day subsection (3) shall apply as if the territories comprised in the States of Sabah and Sarawak had at all times formed part of the Federation.

21. For the purposes of Part III of this Constitution “consulate of the Federation” includes any office exercising consular function on behalf of the Federation.

22. Except in so far as the context otherwise requires, references in this Schedule to Part III of this Constitution are to be read as including references to this Schedule.

THIRD SCHEDULE

ELECTION OF YANG DI-PERTUAN AGONG AND TIMBALAN YANG DI-PERTUAN AGONG

PART 1 – ELECTION OF YANG DI-PERTUAN AGONG

1.

(1) A Ruler is qualified to be elected Yang di-Pertuan Agong unless -

(a) he is a minor, or

(b) he has notified the Keeper of the Rulers’ Seal that he does not desire to be elected, or

(c) the Conference of Rulers by secret ballot resolves that he is unsuitable by reason of infirmity of mind or body or for any other cause to exercise the functions of Yang di-Pertuan Agong.

(2) A resolution under this section shall not be carried unless at least five members of the Conference have voted in favour of it.

2. The Conference of Rulers shall offer the office of Yang di-Pertuan Agong to the Ruler qualified for election whose State if first on the election list described in section 4 and, if he does not accept the office, to the Ruler whose State is next on the list, and so on until a Ruler accepts the office.

3. When a Ruler to whom the office of Yang di-Pertuan Agong has been offered in accordance with section 2 has accepted the office, the Conference of Rulers shall declare him elected and the Keeper of the Rulers’ Seal shall notify the result of the election in writing to both Houses of Parliament.

4.

(1) The election list -

(a) shall for the purposes of the first election be a list comprising the States of all Rulers in the order in which Their Royal Highnesses then recognize precedence among themselves;

(b) shall for the purposes of subsequent elections be that list as varied in accordance with subsection (2) until it is reconstituted under subsection (3), and shall then be the list to reconstituted but varied, for the purposes of further elections, in accordance with subsection (4).

(2) The list in force at the first election shall be varied as follows -

(a) after each election any States preceding on the list the State whose Ruler 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 Ruler was elected shall be omitted;

(b) whenever there is a change in the Ruler of a State then on the list, that State shall be transferred to the end of the list (and if on the same day there is a change in the Rulers of more than one such State, those States shall be so transferred in the order in which they are then on the list).

(3) When no State remains on the list as varied in accordance with subsection (2), or if at an election no Ruler of a State on that list is qualified for election or accepts office, the election list shall be reconstituted so as to comprise again the States of all the Rulers, but in the following order, that is to say, those whose Rulers have held the office of Yang di-Pertuan Agong in the order in which their Rulers have held that office, and the others (if any) following them in the order in which they were on the list before it was reconstituted.

(4) After each election held in accordance with the reconstituted list that list shall be varied as follows;

(a) any State preceding on the list the State whose Ruler was elected shall be transferred (in the order in which they are then on the list) to the end of the list; and

(b) the State whose Ruler was elected shall then be place last.

PART II – ELECTION OF TIMBALAN YANG DI-PERTUAN AGONG

5. A Ruler is qualified to be elected Timbalan Yang di-Pertuan Agong unless -

(a) he would not be qualified to be elected Yang di-Pertuan Agong, or

(b) he has notified the Keeper of the Rulers’ Seal that he does not desire to be elected.

6. The Conference of Rulers shall not elect a Timbalan Yang di-Pertuan Agong while the office of Yang di-Pertuan Agong is vacant.

7. The Conference of Rulers shall offer the office of Timbalan Yang di-Pertuan Agong to the Ruler qualified for election who, on the death of the Yang di-Pertuan Agong last elected, would be the first entitled to be offered the office of the Yang di-Pertuan Agong and, if he does not accept it, to the next and so on until a Ruler accepts the office.

PART III – REMOVAL OF YANG DI-PERTUAN AGONG

8. A resolution of the Conference of Rulers to remove the Yang di-Pertuan Agong from office shall not be carried unless at least five members of the Conference have voted in favour of it.

PART IV – GENERAL

9. (Repealed).

10. In section 4 (3) the expression “Ruler” includes a past Ruler.

FOURTH SCHEDULE

OATHS OF OFFICE OF YANG DI-PERTUAN AGONG AND TIMBALAN YANG DI-PERTUAN AGONG

PART 1 – OATH OF YANG DI-PERTUAN AGONG

Kami ………………..ibni …………………….. Yang di-Pertuan Agong bagi Malaysia bersumpah dengan malafazkan:

Wallahi; Wabillahi; Watallahi;

maka dengan lafaz ini berikrarlah kami dengan sesungguh dan dengan sebenarnya mengaku akan taat setia pada menjalankan dengan adilnya pemerintahan bagi Malaysia dengan mengikut sebagaimana Undang-undang dan Perlembagaan Negeri yang telah disah dan dimasyhurkan dan yang akan disah dan dimasyhurkan di masa hadapan ini.

Dan lagi kami berikrar mengaku dengan sesungguh dan dengan sebenarnya memliharakan pada setiap masa Ugama Islam dan berdiri tetap di atas pemerintahan yang adil dan aman di dalam negeri.

PART II – OATH OF TIMBALAN YANG DI-PERTUAN AGONG

Kami ………………..ibni……………………… yang telah dilantik menjadi Timbalan Yang di- Pertuan Agong bagi Malaysia bersumpah dengan melafazkan: Wallahi; Wabillahi; Watallahi;

dan dengan lafaz ini berikrarlah kami dengan sesungguh dan dengan sebenarnya mengaku akan taat setia pada menjalankan tanggungan kami yang telah ditetapkan dan yang akan ditetapkan pada suatu masa ke suatu masa yang ke hadapah ini olch Undang- undang dan Perlembagaan Negeri Malaysia.

PART III – ENGLISH TRANSLATIONS

We ………………… ibni ……………………….. Yang di-Pertuan Agong of Malaysia do hereby swear Wallahi; Wabillahi; Watallahi; and by virtue of that oath do solemnly and truly declare that We shall justly and faithfully perform (carry out) our duties in the administration of Malaysia in accordance with its laws and constitution which have been promulgated or which may be promulgated from time to time in the future. Further We do solemnly and truly declare that We shall at all time protect the Religion of Islam and uphold the rules of law and order in the Country.

We ……………….. ibni ……………………….. being elected to be the Timbalan Yang di-Pertuan Agong of Malaysia do hereby swear: Wallahi; Wabillahi; Watallabi; and by virtue of that oath do solemnly and truly declare that We shall faithfully perform (carry out) our duties as Timbalan Yang di-Pertuan Agong as laid down and as may from time to time be laid down by the laws and the Constitution of Malaysia.

FIFTH SCHEDULE

THE CONFERENCE OF RULERS

1. The Conference of Rulers shall, subject to the following provisions of this Schedule, consist of Their Royal Highnesses the Rulers and the Yang di-Pertua Yang di-Pertua Negeri of States not having a Ruler.

2. The place of His Royal Highness the Ruler of any State of the Yang di-Pertua Negeri of any State as a member of the Conference of Rulers may in any case in which the Constitution of that State so provides be taken by such person as that Constitution may provide.

3. The Conference of Rulers shall have a Rulers’ Seal which shall be kept in custody of a person appointed by the Conference.

4. The person appointed under section 3 shall be known as the Penyimpan Mohor Besar Raja-Raja (Keeper of the Rulers’ Seal), shall act as secretary to the Conference of Rulers and shall hold his office at the pleasure of the Conference.

5. A majority of the members of the Conference of Rulers shall form a quorum and, subject to the provisions of this Constitution, the Conference may determine its own procedure.

6. The Keeper of the Rulers’ Seal shall convene the Conference of Rulers whenever required to do so by the Yang di-Pertuan Agong or by not less than three members of the Conference and, without being so required, not later than four weeks before the expiry of the term of office of the Yang di-Pertuan Agong and whenever a vacancy occurs in that office or in the office of the Timbalan Yang di-Pertuan Agong.

7. The Yang di-Pertua-Yang di-Pertua Negeri of States not having a Ruler shall not be members of the Conference of Rulers for the purposes of any proceedings relating to the election or for the purposes of any proceedings relating to the election or removal of the Yang di-Pertuan Agong or the election of the Timbalan Yang di-Pertuan Agong or relating solely to the privileges, position, honours and dignities or Their Royal Highnesses or to religious acts, observances or ceremonies.

8. In any case where the Conference of Rulers is not unanimous it shall take its decision by a majority of the members voting, subject however to the provisions of the Third Schedule.

9. Any consent, appointment or advice of the Conference of Rulers required under this Constitution shall be signified under the Rulers’ Seal, and where, in the case of any proposed appointment, a majority of the members of the Conference have indicated, by writing addressed to the Keeper of the Rulers’ Seal that they are in favour of the appointment, he shall so signify the advice of the Conference without convening it.

SIXTH SHEDULE

FORMS OF OATHS AND AFFIRMATIONS

1. Oath of Office and Allegiance

“I, ………………………, having been elected (or appointed) to the office of ……………….. do solemnly swear (or affirm) that I will faithfully discharge the duties of that office to the best of my ability, that I will bear true faith and allegiance to Malaysia, and will preserve, protect and defend its Constitution.”

(NOTE – A judge of the Supreme Court, other than the Lord President, or a judge of a High Court shall use the words “mu judicial duties in that or any other office” in place of the words “the duties of that office”.)

2. Oath as Member of Parliament and of Allegiance

“I, ……………………., having been elected (or appointed) as a member of the House of Representatives (or the Senate) do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to Malaysia, and will preserve, protect and defend its Constitution.”

3. Oath of Secrecy

“I, ……………………., do solemnly swear (or affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as …………….. except as may be required for the due discharge of my duties as such or as may be specially permitted by the Yang di- Pertuan Agong.”

SEVENTH SCHEDULE

ELECTION AND RETIREMENT OF SENATORS

PART I – ELECTION OF SENATORS

1.

(1) (Repealed).

(2) As often as there is a vacancy among the members elected to the Senate by a State the Yang di-Pertuan Agong shall give notice to the Ruler or Yang di-Pertua Negeri of the State that an election of a Senator is required and the Ruler or Yang di-Pertua Negeri shall require the Legislative Assembly to elect a Senator as soon as may be.

2.

(1) The names of candidates for election shall be proposed and seconded by members of the Assembly and the member proposing or the member seconding shall submit a statement in writing, signed by the person nominated, that he is willing to serve as a Senator if elected.

(2) When all the nominations have been received, the presiding officer shall announce the names of the persons nominated in alphabetical order and shall then put their names to the vote in that order.

(3) Each member present shall be entitled to vote for as many candidates as there are vacancies to be filled, and the names of the members voting for each candidate shall be recorded; and if any member casts a vote in addition to those allowed by this subsection that vote shall be void.

(4) The presiding officer shall declare to be elected the candidate or candidates who receive the largest number of votes, but if two or more candidates have an equal number of votes and the number of those candidates is larger than the number of vacancies to be filled, the election of those candidates shall be determined by lot.

3. Notwithstanding anything in section 2, if a vacancy due to the expiry of the term of office of a Senator is to be filled at the same meeting as a vacancy arising in any other way there shall first be an election to fill the vacancy due to the expiry of the term and then a separate election to fill the other vacancy.

4. The presiding officer shall certify to the clerk to the Senate, by writing under his hand, the name of a person elected as Senator in accordance with the provisions of this Schedule.

5. If any question arises whether a member of the Senate has been duly elected in accordance with the provisions of this Schedule, the decision of the Senate shall be taken and shall be final, but the failure to hold an election under section 1 (2) as soon as my be shall not of itself invalidate the election of any Senator.

PART II – RETIREMENT OF SENATORS

6. (Repealed).

7. (Repealed).

8. The term of office of a person or appointed to replace a person who has died to be a Senator before the expiration of his term shall be the remainder of that term.

EIGHTH SCHEDULE

PROVISIONS TO BE INSERTED IN STATE CONSTITUTION

PART I – FINAL PROVISIONS

Ruler to act on advice

1.

(1) In the exercise of his functions under the Constitution of this State or any law or as a member of the Conference of Rulers the Rulers shall act in accordance with the advice of the Executive Council or of a member thereof acting under the general authority of the Council, except as otherwise provided by the Federal Constitution or the State Constitution; but shall be entitled, at his request, to any information concerning the Government of the State which is available to the Executive Council.

(2) The Ruler may act in his discretion in the performance of the following functions (in addition to those in the performance of which he may act in his discretion under the Federal Constitution) that is to say -

(a) the appointment of a Menteri Besar.

(b) the withholding of consent to a request for the dissolution of the Legislative Assembly.

(c) the making of a request for a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses or religious acts, observances or ceremonies,

(d) any function as Head of the religion of Islam or relating to the custom of the Malays,

(e) the appointment of an heir or heirs, consort, Regent or Council of Regency,

(f) the appointment of person to Malay customary ranks, titles, honours and dignities and the designation of the functions appertaining thereto,

(g) the regulation of royal courts and palaces.

(3) State law may make provision for requiring the ruler to act after consultation with or on the recommendation of any person or body of persons other than the Executive Council in the exercise of any of his functions other than -

(a) functions exercisable in his discretion;

(b) function with respect to the exercise of which provision is made the State Constitution or the Federal Constitution.

The Executive Council

2.

(1) The Ruler shall appoint an Executive Council.

(2) The Executive Council shall be appointed as follows, that is to say:

(a) the Ruler shall first appoint as Menteri Besar to preside over the Executive Council a member of the Legislative Assembly who in his judgment is likely to command the confidence of the majority of the members of the Assembly; and

(b) he shall on the advice of the Menteri Besar appoint not more that eight nor less than four other members from among the members of the Legislative Assembly;

but if an appointment is made while the Legislative Assembly is dissolved a person who was a member of the last Legislative Assembly may be appointed but shall not continue to hold office after the first sitting of the next Legislative Assembly unless he is a member thereof.

(3) Notwithstanding anything in this section, a person who is a citizen by naturalisation or by registration under Article 17 of the Federal Constitution shall not be appointed Menteri Besar.

(4) In appointing a Menteri Besar the Ruler may, in his discretion, dispense with any provision in the Constitution of this State restricting his choice of a Menteri Besar, if in his opinion it is necessary to do so in order to comply with the provisions of this section.

(5) The Executive Council shall be collectively responsible to the Legislative Assembly.

(6) If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request the Ruler dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.

(7) Subject to subsection (6), a member of the Executive Council other than the Menteri Besar shall hold office at the Ruler’s pleasure, but any member of the Council may at any time resign his office.

(8) A member of the Executive Council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

Legislature of the State

3. The Legislature of the State shall consist of the Ruler and one House, namely, the Legislative Assembly.

Composition of Legislative Assembly

4.

(1) The Legislative Assembly shall consist of such number of elected members as the Legislature may by law provide.

(2) (Repealed).

Qualifications of members

5. Every citizen of or over the age of twenty-one years who is resident in the State is qualified to be a member of the Legislative Assembly, unless he is disqualified for being a member by the Federal Constitution or this Constitution or by any such law as is mentioned in section 6 of the Eighth

Schedule to the Federal Constitution.

Disqualification for membership of Legislative Assembly

6.

(1) Subject to the provisions of this section, a person is disqualified for being a member of the Legislative Assembly if -

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

(b) he is an undischarged bankrupt;

(c) he holds an office of profit;

(d) having been nominated for election to either House of Parliament or to the Legislative Assembly, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or

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

(f) he is disqualified under any law relating to offences in connection with elections to either House of Parliament or to the Legislative Assembly by reasons of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence; or

(g) he has voluntary acquired citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to

a foreign country.

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

(3) Notwithstanding anything contained in the foregoing provisions of this section where a member of the Legislative Assembly becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of subsection (1), or under a law as is referred to in paragraph (f) of subsection (1) -

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

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

(ii) convicted of an offence or proved guilty of an act under a law as is referred to in the aforesaid paragraph (f); or

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

(c) if within the period specified in paragraph of nomination or election of any person to the Legislative Assembly, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) or (f), as the case may be, of subsection (1).

Provision against double membership

7. A person shall not at the same time be a member of the Legislative Assembly for more than one constituency.

Decision as to disqualification

8.

(1) If any question arises whether a member of the Legislative Assembly has become disqualified for membership, the decision of the Assembly shall be taken and shall be final:

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

(2) Where a member of the Legislative Assembly becomes disqualified under paragraph (e) of subsection (1) of section 6, or under a law as is referred to in paragraph (f) of subsection (1) of section 6, the foregoing subsection (1) shall not apply, and he shall cease to be a member of the Legislative Assembly, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with subsection (3) of section 6.

Summoning, prorogation and dissolution of Legislative Assembly

*9.

(1) The Ruler shall from time to time summon the Legislative Assembly and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first sitting in the next session.

(2) The Ruler may prorogue or dissolve the Legislative Assembly.

(3) The Legislative Assembly unless sooner dissolved shall continue for five years from the date of its first sitting and shall then stand dissolved.

(4) Whenever the Legislative Assembly is dissolved a general election shall be held within sixty days from the date of the dissolution and the new Legislative Assembly shall be summoned to meet on a date not later than one hundred and twenty days from that date.

(5) A casual vacancy shall be filled within sixty days from the date on which it is established by the Election Commission that there is a vacancy:

Provided that is a casual vacancy is established on a date within six months of the date the Legislative Assembly shall, in accordance with subsection (3) of this section stand dissolved, such casual vacancy shall not be filled.

Speaker of the Legislative Assembly

10.

(1) The Legislative Assembly shall from time to time choose one of its members to be Speaker and shall transact no business which the office of Speaker is vacant other than the election or a Speaker.

(2) A member holding office as Speaker shall vacate his office on ceasing to be a member of the Legislative Assembly or upon being disqualified under subsection(4), and may at any time resign his office.

(3) During any absence of the Speaker from a sitting of the Legislative Assembly such other member as may be determined by the rules of procedure of the Assembly shall act as Speaker.

(4) A member who is elected to be the Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management or on officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it;

Provided that such disqualification shall not apply where such organisation or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

(5) Where any question arises regarding the disqualification of the Speaker under subsection (4) the decision of the Legislative Assembly shall be taken and shall be final.

Exercise of legislative power

11.

(1) The power of the Legislature to make laws shall be exercised by Bills passed by the Legislative Assembly and assented to by the Ruler.

(2) No Bill or amendment involving expenditure from the Consolidated Fund of the State may be introduced or moved in the Legislative Assembly except by a member of the Executive Council.

(3) A Bill shall become law on being assented to by the Ruler, but no law shall come into force until it has been published, without prejudice, however, to the power of the Legislature to postpone the operation of any law or to make laws with retrospective effect.

FINANCIAL PROVISION

No taxation unless authorised by law

12. No tax or rate shall be levied by or for the purposes of the State except by or under the authority of law.

Expenditure charged on Consolidated Fund

13.

(1) There shall be charge on the Consolidated Fund of the State, in addition to any grant, remuneration or other moneys so charged by any other provision of the Constitution of the State or by State law -

(a) the Civil List of the Ruler and remuneration of the Speaker of the Legislative Assembly;

(b) all debt charges for which the State is liable; and

(c) any moneys required to satisfy any judgment, decision or award against the State by any court or tribunal.

(2) For the purposes of this provision debt charges include interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated fund and the service and redemption of debt created thereby.

Annual financial statement

14.

(1) Subject to subsection (3), the Ruler shall, in respect of every financial year, cause to be laid before the Legislative Assembly a statement of the estimated receipts and expenditure of the State for that year, and, unless the State Legislature in respect of any year otherwise provides, that statement shall be so laid before the commencement of the year.

(2) The estimates of expenditure shall show separately -

(a) the total sums required to meet expenditure charged on the Consolidated fund; and

(b) subject to subsection (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the Consolidated fund.

(3) The estimated receipts to be shown in the said statement do not include any sums received by way of Zakat, Fitrah and Baitulmal or similar Islamic religious revenue, and the sums to be shown under paragraph (b) of subsection (2) do not include -

(a) sums representing the proceeds of any loan raised by the State for specific purposes and appropriated for those purposes by the law authorising the raising of the loan;

(b) sums representing any money or interest on money received by the State subject to a trust and to be applied in accordance with the terms of the trust;

(c) sums representing any money held by the State which has been received or appropriated for the purpose of any trust fund established by or in accordance with federal or State law.

(4) The said statement shall also show, so far as is practicable, the assets and liabilities of the State at the end of the last completed financial year, the manner in which those assets are invested or held, and the general heads in respect of which those liabilities are outstanding.

Supply Bill

15. The heads of expenditure to be met from the Consolidated Fund of the State, but not charged thereon, other than the sums mentioned in paragraphs (a) and (b) of section 14 (3) of the Eighth Schedule to the Federal Constitution, shall be included in a Bill, to be known as a Supply Bill, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.

Supplementary and excess expenditure

16. If in respect of any financial year it is found -

(a) that the amount appropriated by the Supply Enactment for that purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Supply Enactment; or

(b) that any moneys have been expended for any purpose in excess of the amount (if any) appropriated for that purpose by the Supply Enactment, a supplementary estimate showing the sums required or spent shall be laid before the Legislative Assembly and the heads of any such expenditure shall be included in a Supply Bill.

Withdrawals from the Consolidated Fund

17.

(1) Subject to the following provisions of this section, no moneys shall be withdrawn from the Consolidated Fund unless they are -

(a) charged on the Consolidated Fund; or

(b) authorised to be issued by a Supply Enactment.

(2) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by federal law.

(3) Subsection (1) does not apply to any such sums as are mentioned in paragraphs (a), (b) and (c) of section 14 (3) of the Eighth Schedule to the Federal Constitution.

(4) The State Legislature may in respect of any financial year authorise, before the passing of the Supply Enactment, expenditure for part of the year and the issue from the Consolidated Fund of any moneys required to meet that expenditure.

IMPARTIAL TREATMENT OF STATE EMPLOYEES

Impartial treatment of State employees

18. All persons of whatever race in the same grade of the service of the State, shall, subject to the terms and conditions of their employment, be treated impartially.

AMENDMENT OF THE CONSTITUTION

Amendment of the Constitution

19.

(1) The following provision of this section shall have effect with respect to the amendment of the Constitution of this State.

(2) The provisions affecting succession to the throne and the position of the Ruling Chiefs and similar Malay customary dignitaries may not be amended by the State Legislature.

(3) Any other provisions may, subject to the following provisions of this section, be amended by an Enactment of the State Legislature but may not be amended by any other means.

(4) A Bill for making an amendment to the said Constitution (other that an amendment excepted from the provisions of this subsection) shall not be passed by the Legislative Assembly unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of members thereof.

(5) The following amendments are excepted from the provisions of subsection (4), that is to say -

(a) any amendment consequential on such a law as is mentioned in section 4 or section 21 of the Eighth Schedule to the Federal Constitution; and

(aa) any amendments to the definition of the territory of the State which is made in consequence of the passing of a law altering the boundaries of the State under Article 2 of the Federal Constitution to which the State Legislative Assembly and the Conference of Rulers have consented under the said Article; and

(b) any amendment of effect of which is to bring the Constitution of this State into accord with any of the provisions of the said Schedule, but only if it is made after the Legislative Assembly has been elected in accordance with section 4 of that Schedule.

(6) This section does not invalidate any provision of the Constitution of this State requiring the consent of any body of persons to any amendment affecting -

(a) the appointment and attributes of an heir or heirs to the throne, of the Ruler’s Consort or of the Regent or Members of the Council of Regency of the State,

(b) the removal, withdrawal, or abdication of the Ruler or his heir or heirs,

(c) the appointment and attributes of the Ruling Chiefs or similar Malay customary dignitaries and of members of religious or customary Advisory Councils or similar bodies,

(d) the establishment, regulation, confirmation and deprivation of Malay customary ranks, titles, honours, dignities and awards and the attributes of the holders thereof and the regulation of the royal courts and repeal.

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

Yang di-Pertua Negeri

19A.

(1) There shall be a Yang di-Pertua Negeri of the State who shall be appointed by the Yang di-Pertuan Agong acting in his discretion but after consultation with the Chief Minister.

(2) The Yang di-Pertua Negeri shall be appointed for a term of four years but may at any time resign his office by writing under his hand addressed to the Yang di- Pertuan Agong and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the Legislative Assembly of the State supported by votes of not less than two-thirds of the total number of its members.

(3) The Legislature may by law make provision for enabling the Yang di-Pertuan Agong, acting in his discretion but after consultation with the Chief Minister, to appoint a person to exercise the functions of the Yang di-Pertua Negeri during any period which the Yang di-Pertua Negeri is unable to do so himself owing to illness, absence or any other cause; but no person shall be so appointed unless he would be qualified to be appointed a Yang di-Pertua Negeri.

(4) A person appointed under subsection (3) may take the place of the Yang di- Pertua Negeri as a member of the Conference of during any period which under that subsection he may exercise the functions of the Yang di-Pertua Negeri.

Qualification and disabilities of Yang di-Pertua Negeri

19B.

(1) A person who is not a citizen or is a citizen by naturalisation or by registration under Article 17 of the Federal Constitution shall not be appointed a Yang di-Pertua Negeri.

(2) The Yang di-Pertua Negeri shall not hold any office of profit and shall not actively engage in any commercial enterprise.

Civil List of Yang de-Pertua Negeri

19C. The Legislature shall by law provide a Civil List of the Yang di-Pertua Negeri, which shall be charged on the Consolidated Fund and shall not be diminished during his continuance in office.

Oath of office of Yang di-Pertua Negeri

19D.

(1) The Yang di-Pertua Negeri shall before exercising his functions take and subscribe in the presence of the Chief Justice or of a judge of the High Court, an oath or affirmation in the following form, that is to say -

“I, …………………………………………….. having been appointed Yang di-Pertua Negeri of the State of …………………………………………………… do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the State of ……………….. and to the Federation of Malaysia, and that I will preserve, protect and defend the Constitution of the Federation of Malaysia and the Constitution of the State of …………………….”.

(2) Any law made under subsection (3) of section 19A shall make provision corresponding (with necessary modifications) to subsection (1).

PART II – TEMPORARY PROVISIONS ALTERNATIVE TO PROVISION IN PART I

The Executive Council (alternative to section 2)

20.

(1) The Ruler shall appoint an Executive Council.

(2) The Executive Council shall be appointed as follows, that is to say -

(a) the Ruler shall first appoint as Menteri Besar to preside over the Executive Council a person who in his judgment is likely to command the confidence of the majority of the Assembly; and

(b) he shall on the advice of the Menteri Besar appoint not more than eight nor less than four other persons.

(3) Notwithstanding anything in this section, a person who is a citizen by naturalisation or by registration under Article 17 of the Federal Constitution shall not be appointed Menteri Besar.

(4) In appointing a Menteri Besat the Ruler may in his discretion dispense with any provision in the Constitution of this State restricting his choice of a Menteri Besar, if in his opinion it is necessary to do so in order to comply with the provisions of this section.

(5) The Executive Council shall be collectively responsible to the Legislative Assembly.

(6) The Menteri Besar shall cease to hold office at the expiration of a period of three months from the date of his appointment, unless before the expiration of that period a resolution of confidence in him has been passed by the Legislative Assembly; and if at any time he ceases to command the confidence of the majority of the members of the Legislative Assembly, then unless at his request the Ruler dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.

(7) Subject to subsection (6), a member of the Executive Council other than the Menteri Besar shall hold office at the Ruler’s pleasure, but any member of the Council may at any time resign his office.

(8) A member of the Executive Council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

21.

(1) The Legislative Assembly shall consist of -

(a) such number of elected members as the Legislature may by law provide; and

(b) such number of other members, being less than the number of elected members, as the Ruler may appoint;

and, until other provisions made as aforesaid, the number of elected members shall be the number specified in Article 171 of the Federal Constitution.

(2) Notwithstanding anything in section 6 of the Eighth Schedule to the Federal Constitution a person shall not be disqualified for being an appointed member of the Legislative Assembly by reason only that he holds an office of profit.

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

22. In the application of Parts I and II of this Schedule to the States of Malacca and Penang references to the Yang di-Pertua Negeri shall be substituted for references to the Ruler, and the following shall be omitted, that is to say, paragraphs (c) to (g) of section 1 (2), section 2 (4), subsection (2) and (6) of section 19, section 20 (4), in section 14 (3) the words preceding “the sums to be shown under paragraph (b)” and in subsection 19 (3) the word “other” in the first place where it occurs.

23.

(1) Part I of this Schedule shall apply to the States of Sabah and Sarawak as it applies to the States of Penang and Malacca except for the modifications of section 10 stated in subsection (2) of this section.

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

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

NINTH SCHEDULE

LEGISLATIVE LISTS

List I – Federal List

1. External affairs, including -

(a) Treaties, agreements and conventions with other countries and all matters which bring the Federation into relations with any other country;

(b) Implementation of treaties, agreements and conventions with other countries;

(c) Diplomatic, consular and trade representation;

(d) International organizations; participation in international bodies and implementation of decisions taken thereat;

(e) Extradition, fugitive offenders, admission into, and emigration and expulsion from, the Federation;

(f) Passports, visas, permits of entry or other certificates; quarantine;

(g) Foreign and extra-territorial jurisdiction; and

(h) Pilgrimages to places outside Malaysia.

2. Defence of the Federation or any part thereof, including -

(a) Naval, military and air forces and other armed forces;

(b) Any armed forces attached to or operating with any of the armed forces of the Federation; visiting forces;

(c) Defence works; military and protected areas; naval, military and air force bases; barracks, aerodromes and other works;

(d) Manoeuvres;

(e) War and peace; alien enemies and enemy aliens; enemy property; trading with an enemy; war damage; war risk insurance;

(f) Arms, fire-arms, ammunition and explosives;

(g) National service; and

(h) Civil defence.

3. Internal security, including -

(a) Police; criminal investigation; registration of criminals; public order;

(b) Prisons, reformatories; remand homes; place of detention; probation of offenders; juvenile offenders;

(c) Preventive detention; restriction of residence;

(d) Intelligence services; and

(e) National registration.

4. Civil and criminal law and procedure and the administration of justice, including -

(a) Constitution and organization of all courts other that Syariah Courts;

(b) Jurisdiction and powers of all such courts.

(c) Remuneration and other privileges of the judges and officers presiding over such courts;

(d) Persons entitled to practise before such courts;

(e) Subject to paragraph (ii), the following -

(i) Contract, partnership, agency and other special contracts; master and servant; inns and inn-keepers; actionable wrongs, property and its transfer and hypothecation, except land, bona bacantia; equity and trusts, marriage, divorce and legitimacy; married women’s property and status;

interpretation of federal law; negotiable instruments; statutory declarations; arbitration; mercantile law; registration of businesses and business names; age of majority; infants and minors; adoption; succession, testate and intestate; probate and letters of administration; bankruptcy and insolvency; oaths and affirmations; limitation; reciprocal enforcement of judgments and orders; the law of evidence;

(ii) the matters mentioned in paragraph (i) do not include Islamic personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate and intestate;

(f) Official secrets, corrupt practices;

(g) Use of exhibition of coats of arms, armorial bearing, flags, emblems, uniforms, orders and decorations other than those of a State;

(h) Creation of offences in respect of any of the matters included in the Federal List or dealt with by federal law;

(i) Indemnity in respect of any of the matters in the Federal List or dealt with by federal law;

(j) Admiralty Jurisdiction;

(k) Ascertainment of Islamic law and other personal laws for purposes of federal law; and

(l) Betting and lotteries.

5. Federal citizenship and naturalisation; aliens.

6. The machinery of government, subject to the State List, but including -

(a) Elections to both Houses of Parliament and the Legislative Assemblies of the States and all matters connected therewith;

(b) The Armed Forces Council and the Commissions to which Part I applies;

(c) Federal services including the establishment of services common to the Federation and the States; services common to two or more States;

(d) Pensions and compensation for loss of office; gratuities and conditions of service;

(e) Government and administration of the Federal Territories of Kuala Lumpur and Labuan including Islamic law therein to the same extent as provided in item I in the State List and in respect of the Federal Territory of Labuan, native law and custom to the same extent as provided in item 13 of the Supplement to State List for States of Sabah and Sarawak;

(f) Federal Government contracts;

(g) Federal public authorities; and

(h) Purchase, acquisition and holding of, and dealing with, property for federal purposes.

7. Finance, including -

(a) Currency, legal tender and coinage;

(b) National savings and savings banks;

(c) Borrowing on the security by the States, public authorities and private enterprise;

(d) Loans to or borrowing by the States, public authorities and private enterprise;

(e) Public debt of the Federation;

(f) Financial and accounting procedure, including procedure for the collection, custody and payment of the public moneys of the Federation and of the States, and the purchase, custody and disposal of public property other than land of the Federation and of the States;

(g) Audit and account of the Federation and the States and other public authorities;

(h) Taxes, rates in the federal capital;

(i) Fees in respect of any of the matters in the Federal List or dealt with by federal law;

(j) Banking, money- lending’ pawnbrokers; control of credit;

(k) Bills of exchange, cheques, promissory notes and other similar instruments;

(l) Foreign exchange; and

(m) Capital issues, stock and commodity exchanges.

8. Trade, commerce and industry, including -

(a) Production, supply and distribution of goods, price control and food control, adulteration of foodstuffs and other goods;

(b) Imports into, and exports from, the Federation;

(c) Incorporation, regulation and winding up of corporations other than municipal corporations ( but including the municipal corporation of the federal capital); regulation of foreign corporations; bounties on production in or export from the Federation;

(d) Insurance, including compulsory insurance;

(e) Patents, designs; inventions; trade marks and mercantile marks; copyrights;

(f) Establishments of standards of weights and measures;

(g) Establishments of standards of quality of goods manufactured in or exported from the Federation;

(h) Auctions and auctioneers;

(i) Industries, regulation of industrial undertakings;

(j) Subject to item 2 (c) in the State List; Development of mineral resources, mines, mining, minerals and mineral ores, oils and oilfields; purchase, sale, import and export of minerals and mineral ores; petroleum products; regulation of labour and safety in mines and oilfields;

(k) Factories, boilers and machinery, dangerous trades; and

(l) Dangerous and inflammable substances.

9. Shipping, navigation and fisheries, including -

(a) Shipping and navigation on the high seas and in tidal and inland waters;

(b) Ports and harbours; foreshores;

(c) Lighthouses and other provisions for the safety of navigation;

(d) Maritime and estuarine fishing and fisheries, excluding turtles;

(e) Light dues; and

(f) Wrecks and salvage.

10. Communications and transport, including -

(a) Roads, bridges, ferries and other means of communication if declared to be federal by or under federal law;

(b) Railways, excluding Penang Hill Railway;

(c) Airways, aircraft and air navigation; civil aerodromes; provisions for the safety of aircraft;

(d) Regulation of traffic by land, water and air other than on rivers outside harbour areas wholly within one State;

(e) Carriage of passengers and goods by land, water and air;

(f) Mechanically propelled vehicles;

(g) Posts and telecommunications; and

(h) Wireless, broadcasting and television.

11. Federal works and power, including -

(a) Public works for federal purposes;

(b) Water supplies, rivers and canals, except those wholly within one State or regulated by an agreement between all the States concerned; production, distributions by supply of water power; and

(c) Electricity, gas and gas works; and other works for the production and distribution of power and energy.

12. Surveys, inquiries and research, including -

(a) Census; registration of births and deaths; registration of marriages; registration of adoptions other than adoptions under Islamic law or Malay custom;

(b) Survey of the Federation; social, economic and scientific surveys; meteorological organizations;

(c) Scientific and technical research; and

(d) Commissions of inquiry.

13. Education, including -

(a) Elementary, secondary, and university education; vocational and technical education, training of teachers; registration and control of teachers; managers and schools; promotion of special studies and research; scientific and literary societies;

(b) Libraries; museums; ancient and historical monuments and records; archaeological sites and remains.

14. Medicine and health including sanitation in the federal capital, and including -

(a) Hospitals, clinic and dispensaries, medical profession; maternity and child welfare; lepers and leper institutions;

(b) Lunacy and mental deficiency, including places for reception and treatment;

(c) Poisons and dangerous drugs; and

(d) Intoxicating drugs and liquors, manufacture and sale of drugs.

15. Labour and social security, including -

(a) Trade unions; industrial and labour disputes, welfare of labour including housing of labourers by employers; employers liability and workmen’s compensation;

(b) Unemployment insurance; health insurance; widow’s orphan’s and old age pensions; maternity benefits; provident and benevolent funds; superannuation; and

(c) Charities and charitable institutions; charitable trusts and trustees excluding Wakafs; Hindu endowments.

16. Welfare of the aborigines.

17. Professional occupations other than those specifically enumerated.

18. Holidays other than State holidays; standard of time.

19. Unincorporated societies.

20. Control of agricultural pests; protection against such pests; prevention of plant diseases.

21. Newspaper, publications, publishers, printing and printing presses.

22. Censorship.

23. Subject to item 5(f) of the State List, theatres; cinemas; cinematograph films; places of public amusement.

24. Federal housing and improvement trusts.

25. Co-operative societies.

26. Subject to item 9A of the Concurrent List, prevention and extinguishment of fire, including fire services and fire brigades.

27. All matters relating to the Federal Territory, including the matters enumerated in items 2,3,4 and 5 of the State List and in the Cast of the Federal Territory of Labuan, the matter enumerated in items 15,16 and 17 of the Supplement to State List for States of Sabah and Sarawak.

List II – State List

1. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, Islamic law and personal and family law of persons professing the religion of Islam, including the Islamic law relating to succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy guardianship, gifts, partitions and non- charitable trusts; Wakafs and the definition and regulation of charitable and religious endowments, institutions, trusts, charities and charitable institutions operating wholly within the State; Malay customs. Zakat, Fitrah and Baitulmal or similar Islamic religious revenue, mosques or any Islamic public places of worship, creation and punishment of offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List; the constitution, organisation and procedure of Syariah courts, which shall have jurisdiction only over person professing the religion of Islam and in respect only of any of the matters included in this paragraph, but shall not have jurisdiction in respect of offences except in so fat as conferred by federal law*, the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine Malay custom.

2. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, land including -

(a) Land tenure, relation of landlord and tenant; registration of titles and deeds relating to land; colonization, land improvement and soil conservation; rent restriction;

(b) Malay reservations or, in the States of Sabah and Sarawak, native reservations;

(c) Permits and licences for prospecting for mines; mining leases and certificates;

(d) Compulsory acquisition of land;

(e) Transfer of land, mortgages, leases and charges in respect of land; easements; and

(f) Escheat; treasure trove excluding antiquities.

3. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, agriculture and forestry, including -

(a) Agriculture and agricultural loans, and

(b) Forests.

4. Local government outside the Federal Territories of Kuala Lumpur and Labuan, including -

(a) Local administration; municipal corporation; local town and rural board and other local authorities; local government services, local rates, local government elections;

(b) Obnoxious trades and public nuisances in local authority areas;

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

5. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, other services of a local character, that is to say -

(a) (Repealed).

(b) Boarding houses and lodging houses;

(c) Burial and cremation grounds;

(d) Pounds and cattle trespass;

(e) Markets and fairs; and

(f) Licensing of theatres, cinemas and places of public amusement.

6. State works and water, that is to say -

(a) Public work for State purposes;

(b) Roads, bridges and ferries other than those in Federal List, regulation of weight and speed of vehicles on such roads; and

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

7. Machinery of the State Government, subject to the Federal List, but including -

(a) Civil List and State pensions;

(b) Exclusive State services;

(c) Borrowing on the security of the State Consolidated Fund;

(d) Loans for State purposes;

(e) Public debt of the State; and

(f) Fees in respect of any of the matters included in the State List or dealt with by State law.

8. State holidays.

9. Creation of offences in respect of any of the matters included in the State List or dealt with by State law, proof of State law and of thing done thereunder, and proof of any matter for purposes of State law.

10. Inquiries for State purposes, including commissions of inquiry and collection of statistics with respect to any of the matters included in the State List of dealt with by State law.

11. Indemnity in respect of any of the matters in the State List or dealt with by State law.

12. Turtles and riverine fishing.

List IIA – Supplement to State List for State of Sabah and Sarawak

13. Native law and custom, including the personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession testate or intestate; registration of adoptions under native law or custom; the determination of matters of native law or custom; the constitution, organization and procedure of native courts (including the right of audience in such courts), and the jurisdiction and powers of such courts, which shall extend only to the matters included in this paragraph and shall not include jurisdiction in respect of offences except in so far as conferred by federal law.

14. Incorporation of authorities and other bodies set up by State law, if incorporated directly by State law, and regulation and winding up of corporations so created.

15. Ports and harbours, other than those declared to be federal by or under federal law; regulation of traffic by water in ports and harbours or on rivers wholly within the State, except traffic in federal ports or harbours; foreshores.

16. Cadastral land surveys.

17. Libraries, museums, ancient and historical monuments and records and archaeological sites and remains, other than those declared to be federal by or under federal law.

18. In Sabah, the Sabah Railway.

19. (Repealed).

List II B – (Repealed)

List III – Concurrent List

1. Social welfare; social services subject to Lists I and II; protection of women, children and your persons.

2. Scholarships.

3. Protection of wild animals and wild birds; National Parks.

4. Animal husbandry, prevention of cruelty to animals; veterinary services; animal quarantine.

5. Town and country planning, except in the federal capital.

6. Vagrancy and itinerant hawkers.

7. Public health, sanitation (excluding sanitation in the federal capital) and the prevention of diseases.

8. Drainage and irrigation.

9. Rehabilitation of mining land and land which has suffered soil erosion.

9A. Fire safety measures and fire precautions in the construction and maintenance of building.

List IIIA – Supplement to Concurrent List for State of Sabah and Sarawak

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

11. Adulteration of foodstuffs and other goods.

12. Shipping under fifteen registered tons, including the carriage of passengers and goods by such shipping, maritime and estuarine fishing and fisheries.

13. The production, distribution and supply of water power and of electricity generated by water power.

14. Agricultural and forestry research, control of agricultural pests, and protection against such pests, prevention of plant diseases.

15. Charities and charitable trusts and institutions in the State (that is to say, operating wholly within, or created and operating in, the State) and their trustees, including the incorporation thereof and the regulation and winding-up of incorporated charities and charitable institutions in the State.

16. Theatres; cinemas; cinematograph films; places of public amusements.

17. Elections to the State Assembly held during the period of indirect elections.

18. In Sabah until the end of the year 1970 (but not in Sarawak), medicine and health, including the matters specified in items 14 (a) to (d) of the Federal List.

List III B – (Repealed).

TENTH SCHEDULE

GRANTS AND SOURCE OF REVENUE ASSIGNED TO STATES

PART I – CAPITATION GRANT

1.

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

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

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

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

(d) for the remainder at the rate of $3 per person, and shall be based on the annual population projection of the State as determined by the Federal Government and calculated as the last population census:

Provided that if the last census was taken one year before the beginning of the financial year, the grant for that particular year shall be based on the population as determined by that population census.

(2) (Repealed).

PART II – STATE ROAD GRANT

2. The State road grant payable to each of the States of Malaya in respect of a financial year shall be calculated by multiplying -

(a) the average cost to a State of maintaining a mile of State orad at the minimum standard determined for State roads in those States by the Federal Government after consultation with the National Federal Council; by

(b) so much of the mileage of State roads in the State as qualifies for grant.

3. For the purpose of section 2 -

(a) the mileage of State roads in a State shall be taken to be that mileage as on the thirty-first day of December of the preceding financial year, and the average cost mentioned in paragraph (a) of that section shall be taken to be the average cost in that State calculated in the preceding financial year; and

(b) the maintenance of State roads means the preservation, upkeep and restoration of State roads, roadside furniture, bridges, viaducts or culverts forming part thereof or connected therewith as nearly as possible in their original condition as constructed or as subsequently improved.

4. A length of State road if it is actually maintained by the Public Works Department of the State at or above the minimum standard mentioned in section 2 (a) and a length of any road within the limit of a local authority if such road is certified by the Public Works Department of the State as coming within the qualifying standard and maintained at or above the minimum standard as mentioned in section 2 (a) qualify for grant.

5. In this Part of this Schedule, “State road” means any public road other than a federal road, and any other road other than a federal road to which the public has access.

6.

(1) The State road grant payable to Sabah or Sarawak shall, in each of the years 1964 and 1965, be payable at the rate of $4,500 a mile in respect of a mileage in Sabah of 1,151 miles and in Sarawak of such amount as may be agreed between the Federal and State Governments.

(2) Thereafter sections 2 to 5 shall apply to the State road grant so payable with the following modifications:

(a) the minimum standard mentioned in section 2 (a) shall be the minimum standard determined for State roads in the State; and

(b) any length of road maintained by a local authority at the expense of the State shall be treated as maintained by the Public Works Department of the State.

PART III – SOURCES OF REVENUE ASSIGNED TO STATES

1. Revenue from toddy shops.

2. Revenue from lands, mines and forests.

3. Revenue from licences other than those connected with mechanically propelled vehicles, electrical installations and registration of business.

4. Entertainment duty.

5. Fees in court other than federal courts.

6. Fees and receipts in respect of specific services rendered by departments of State Governments.

7. Revenue of town boards, town councils, rural boards, local councils and similar local authorities other than -

(a) municipalities established under any Municipal Ordinance;

(b) those town boards, town councils, rural boards, local councils and similar local authorities which have power under written law to retain their revenues and control the spending thereof.

8. Receipts in respect of water supplies, including water rates.

9. Rents on State property.

10. Interest on State balances.

11. Receipts from land sales and sales of State property.

12. Fines and forfeitures in courts other than federal courts.

13. Zakat, Fitrah and Baitumal and similar Islamic religious revenue.

14. Treasure trove.

PART IV – SPECIAL GRANTS TO STATES OF SABAH AND SARAWAK

1.

(1) In the case of Sarawak a grant of $5,800,000 in each year.

(2) In the case of Sarawak, a grant of which the amount in 1964 and each of the four following years shall be respectively $3.5m., $7m., $11.5m., $16m., $21m., and in later years shall be fixed on a review under Article 112B.

2.

(1) In the case of Sabah, a grant of an amount equal in each year to two-fifths of the amount by which the net revenue derived by the Federation from Sabah exceeds the net revenue which would have been so derived in the year 1963 if -

(a) the Malaysia Act had been in operation in that year as in the year 1964; and

(b) the net revenue for the year 1963 were calculated without regard to any alternation of any tax or fee made on or after Malaysia Day;

(“net revenue” meaning for this purpose the revenue which accrues to the Federation, less the amounts received by the State in respect of assignments of that revenue).

(2) In the case of Sabah, for any year before 1968 in which the State road grant is less than $5,179,500, a supplement to that grant on an amount equal to the deficiency.

3. In either case, for any year before 1974 and, if at the beginning of 1974 the Legislature to the State has power to make laws with respect to the carriage of passengers and goods by land or to mechanically propelled road vehicles, then during the continuance of that power, a grant equal to the cost to the State in the year of the State road transport department.

PART V – ADDITIONAL SOURCE OF REVENUE ASSIGNED TO STATES OF SABAH AND SARAWAK

1. Import duty and excise duty on petroleum products.

2. Export duty on timber and other forest product.

3. So long as the royalty levied by the State on any mineral chargeable with export duty other than tin (but including mineral oils) does not amount to 10 per cent ad valorem calculated as for export duty, export duty on that mineral or such part of the export duty as makes the total of royalty and duty on exported mineral up to 10 per cent ad valorem so calculated.

4. In the case of Sabah, so long as medicine and health remains an item in the Concurrent List and expenses in respect of that item are borne by the State, 30 per cent of all customs revenue other than that in respect of the duties mentioned in section 1, 2 and 3.

5. For any year before 1974 and, if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the carriage of passengers and goods by land or with respect to mechanically propelled road vehicles or licences connected with those vehicles, then during continuance of that powers, fees from such licences.

6. For any year before 1974, and if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the registration of mechanically propelled vehicles, then during the continuance of that power, fees from the registration of such vehicles.

7. State sales taxes.

8. Fees and dues from ports and harbours other than federal ports and harbours.

ELEVENTH SCHEDULE

PROVISIONS OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE, 1948 (MALAYAN UNION ORDINANCE NO. 7 OF 1948), APPLIED FOR INTERPRETATION OF THE CONSTITUTION

Section – Subject Matter

2 (56) Meaning of “month” – “month” means calendar month according to the Gregorian calendar.

2 (61) Meaning of “person” and “party”; – “person” and “party” included any body of persons, corporate or unincorporate.

2 (88) Definition of “subsidiary legislation” – “subsidiary legislation” means any Order in

Council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Ordinance, Enactment or other lawful authority and having legislative effect.

2 (94) Construction of masculine gender – words importing the masculine gender include females.

2 (95) Construction of singular or plural – words in the singular include the plural, and words in the plural include the singular.

2 (96) Meaning of “writing” – “writing” and expressions referring to writing include printing, lithography, typewriting, photography, and other modes of representing or reproducing words or figures in visible form.

2 (98) Meaning of “year” – “year” means a year reckoned according to the Gregorian calendar.

7. Forms – Save as is otherwise expressly provided, whenever forms are prescribed slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them.

13 Effect of repeal – Where a written law repeals in whole or in part any other written law, then, unless the contrary intention appears, the repeal shall not -

(a) revive anything not in force or existing at the time at which the repeal takes effect; or

(b) affect the previous operation of any written law so repealed or anything duly done or suffered under any written law to repealed; or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any written law so repealed; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any written law so repealed; or

(e) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing law had not been passed.

21. (Repealed).

23. General provisions with respect to power given to any authority to make subsidiary Legislation – Where an Ordinance or Enactment confers power on any authority to make subsidiary legislation, such subsidiary legislation may at any time be amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made.

28. Construction of provisions as to exercise of powers and duties -

(1) Where a written law confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.

(2) Where a written law confers a power or imposes a duty on the holder of an office as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder of the office for the time being or by a person duly appointed to act for him.

29. Power to appoint includes power to dismiss – Where a written law confers upon any person or authority a power to make appointments to any office or place, the power shall, unless the contrary intention appears, be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended or in place of any sick or absent holder of such office or place:

30. Construction of enabling words – Where a written law confers power on any person to do or enforce the doing of any act or thing, all such powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.

32. Official designation to include officer executing duties – When reference is made in any written law, instrument, warrant or process of any kind made or issued by the Yang di-Pertuan Agong, or a Ruler or any body or person having authority under any written law to make or to issue the same to any public officer by the term designating his office, such officer shall include the officer for the time being executing the duties of such office or any portion of such duties.

33. Power of Yang di-Pertuan Agong to provide for execution of duties of public officer during temporary absence or inability -

(1) Where by or under any written law any powers are conferred or any duties are imposed upon a public officer, the Yang di-Pertuan Agong or, in the case of a public officer borne on the establishment of a State, the Ruler of that State, may direct that if, during any period, owing to absence or inability to act from illness or any other cause, such public officer is unable to exercise the powers or perform the duties of his office in any place under his jurisdiction or control, such powers shall be had and may be exercised and such duties shall be performed in such place by a person named by, or by a public officer holding the office designated by, the Yang di-Pertuan Agong or Ruler, as the case may be, and thereupon such person or public officer, during any period as aforesaid, shall have and may exercise the powers and shall perform the duties aforesaid subject to such conditions, exceptions and qualifications as the Yang di-Pertuan Agong or Ruler may direct.

(2) Without prejudice to the provisions of subsection (1), when a substantive holder of any office is on leave of absence pending relinquishment of his office, it shall be lawful for another person to be appointed substantively in his place.

33C Powers of a board, etc., not affected by vacancy, etc. – Where by or under any written law any board, commission, committee or similar body, whether corporate or unincorporate, is established, then, unless the contrary intention appears, the powers and proceedings of such board, commission, committee or similar body shall not be affected by -

(a) any vacancy in the membership thereof;

(b) any defect afterwards discovered in the appointment or qualification of a person purporting to be a member thereof; or

(c) any minor irregularity in the convening of any meeting thereof.

35 (Repealed).

36 Computation of time – In computing time for the purposes of any written law, unless the contrary intention appears -

(a) a period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day in which the event happens or the act or thing is done;

(b) if the last day of the period is a weekly holiday or a public holiday (which days are in this section referred to as excluded days) the period shall include the next following day not being an excluded day;

(c) when any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be an excluded day, the act or proceedings shall be considered as done or taken in due time if it is dome or taken on the next day afterwards, not being an excluded day;

(d) when an act or proceedings is directed or allowed to be done or taken within any time not exceeding six days, excluded days shall not be reckoned in the computation of the time.

38 Provision when no time prescribed – Where no time is prescribed or allowed within which anything shall be done, such thing shall be done with all convenient speed and as often as the prescribed occasion arises.

40A Solicitor-General to exercise powers of Attorney General -

(1) Unless in any written law it is otherwise expressly provided, the Solicitor- General may perform any of the duties and may exercise any of the powers of the Attorney General.

(2) Where the Yang di-Pertuan Agong or any other person has lawfully delegated his powers to the Attorney General such delegation shall, unless otherwise expressly provided, be deemed to be delegation of powers to both the Attorney General and the Solicitor-General.

42 Public officers – A reference in any written law to any public officer by the usual or common title of his office shall, if there be such an office customarily in the Federation or any State and unless the contrary intentions appears, by read and construed as referring to the person for the time being holding or carrying out the duties of that office in the Federation or State, as the case amy be.

44 Construction of references to laws – In any written law a description or citation of a portion of another written law shall, unless a contrary intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.

46 English text to prevail – In case of any conflict or discrepancy between the English text of a written law and any translation thereof, the english text shall prevail.

TWELFTH SCHEDULE

(Repealed).

THIRTEENTH SCHEDULE

PROVISIONS RELATING TO DELIMITATION OF CONSTITUENCIES

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

1. The constituencies for the election of members to the House of Representatives and the Legislative Assemblies of the State shall until altered in accordance with the provisions of this Schedule, be those first used for elections to the House or Assembly, as the case may be, pursuant to this Constitution or the Malaysia Act.

2. The following principles shall as far as possible be taken into account in dividing any unit of review into constituencies pursuant to the provisions of Articles 116 and 117 -

(a) while having regard to the desirability of giving all electors reasonably convenient opportunities of going to the polls, constituencies ought to be delimited so that they do not cross State boundaries and regard ought to be had to the inconvenience of State constituencies crossing the boundaries of federal constituencies;

(b) regard ought to be to the administrative facilities available within the constituencies for the establishment of the necessary registration and polling machines;

(c) the number of electors within each constituency in a State ought to be approximately equal except that, having regard to the greater difficulty of reaching electors in the country districts and the other disadvantages facing rural constituencies, a measure of weightage for area ought to be given to such constituencies;

(d) regard ought to be had to the inconveniences attendant on alterations of constituencies, and to the maintenance of local ties.

3. For the purposes of this Park, the number of electors shall be taken to be as shown on the current electoral rolls.

3A. For the purposes of this Part, in any review of constituencies for the purposes of election to the House of Representatives, the Federal Territory of Kuala Lumpur or the Federal Territory of Labuan, as the case may be, shall each be regarded as a State.

PART II – PROCEDURE FOR DELIMITATION OF CONSTITUENCIES

4. Where the Election Commission have provisionally determined to make recommendations under Clause (2) of Article 113 affecting any constituency, they shall inform the Speaker of the House of Representatives and the Prime Minister accordingly, and shall publish in the Gazette and in at least on newspaper circulating in the constituency a notice stating -

(a) the effect of their proposed recommendations, and (except in a case where they propose to recommend that no alteration be made in respect of the constituency) that a copy of their recommendations is open to inspection at a specified place within the constituency; and

(b) that representations with respect to the proposed recommendations may be made to the Commission within one month after the publication of such notice, and the Commission shall take into consideration any representation duly made in accordance with any such notice.

5. Where, on the publication of the notice under section 4 of a proposed recommendation of the Election Commission for the alteration of any constituencies, the Commission receive and presentation objecting to the proposed recommendations from -

(a) the State Government or any local authority whose area is wholly or partly comprised in the constituencies affected by the recommendation; or

(b) a body of one hundred or more persons whose names are shown on the current electoral rolls of the constituencies in question, the Commissions shall cause a local enquiry to be held in respect of those constituencies.

6. In relation to any enquiry held under section 5 the Election Commission shall have all the powers conferred on Commissioners by the Commissions of Enquiry Act 1950.

7. Where the Election Commission revise any proposed recommendations after publishing a notice thereof under section 4, the Commission shall comply again with that section in relation to the revised recommendations, as if no earlier notice had been published;

Provided that is shall not be necessary to hold more than two local enquiries in respect of any such recommendations.

8. The Election Commission shall, having completed the procedure prescribed by this Part, submit to the Prime Minister a report on constituencies showing -

(a) the constituencies into which they recommend that each unit of review should be divided in order to give effect to the principles set out in section 2; and

(b) the names by which they recommend that those constituencies shall be known, or stating that in their opinion no alteration is required to be made in order to give effect to the said principles.

9. As soon as may be after the Election Commission have submitted their report to the Prime Minister under section 8, he shall lay the report before the House of Representatives, together (except in a case where the report states that no alternation is required to be made) with the draft of an Order to be made under section 12 for giving effect, with or without modifications, to the recommendations contained in the report.

10. If any draft Order referred to in section 9 is approved by the House of Representatives by resolution supported by the votes of not less than one-half of the total number of members of that House, the Prime Minister shall submit the draft Order to the Yang di- Pertuan Agong.

11. If a motion for the removal of any draft Order referred to in section 9 is rejected by the House of Representatives, or withdrawn by leave of the House, or is not supported by the votes of not less than one-half of the total number of members of the House, the Prime Minister may, after such consultation with the Election Commission as he may consider necessary, amend the draft and lay the amended draft before the House of Representative; and if the draft as so amended is approved by the House by a resolution supported by the votes of not less than one-half of the total number of members of the House, the Prime Minister shall submit the amended draft to the Yang di-Pertuan Agong.

12. Where the draft of an Order is submitted to the Yang di-Pertuan Agong under this Part, the Yang di-Pertuan Agong shall make an Order in the terms of the draft submitted to him, and the Order shall come into force on such date as may be specified therein:

Provided that the coming into force of any such Order shall not affect any election to the House of Representatives or a Legislative Assembly until the next dissolution of Parliament or the Assembly, as the case may be, occurring on or after the date.

NOTES

Art. 1:

The original Article as it stood on Merdeka Day read as follows;

1.

(1) The Federation shall be known by the name of Persekutuan Tanah Melayu (in English the Federation of Malaya)

(2) The States of the Federation are Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu (formerly known as the Malay States) and Malacca and Penang (formerly known as the Settlements of Malacca and Penang).

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

Art. 1 (2):

The present Article without Clause (4) was inserted by Act 26/1963. s.4. in force from 16-9-1963 (i.e. when Malaysia was established). Act 59/1966 s.2. in force from 9-8-1965 (i.e. the date Singapore left Malaysia) amended Clause (2) by deleting therefrom para (c) which read as follows:

“(c) the State of Singapore.”

The present Clause (2) was substituted by Act A354, s. 2. in force from 27-8-1976. This Clause before its substitution by Act A.354 was amended by Act 26/1963, s.4. in force from 16-9-1963 (i.e. when Malaysia was established) read as follows:

(2) The States of the Federation shall be -

(a) the States of Malaya, namely, Johore, Kedah, Kelanta, Malacca, Negeri, Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu;

(b) the Borneo States, namely, Sabah and Sarawak; and

(c) the State of Singapore.”

Art. 1 (3):

The words “Subject to Clause (4),” were inserted before the words “The territories of each of the States” by Act A206, Schedule, in force from 1-2-1974.

Art. 1 (4):

1. The original Clause which was added by Act A206, Schedule, in force from 1-2-1974 (i.e. the date of the establishment of the Federal Territory of Kuala Lumpur) read as follows:

(4) The territory of the State of Salangor shall exclude the Federal Territory established under the Constitution (Amendment) (No.2) Act 1973.”

2. Subsequently this Clause was amended by Act A566, s.2. (1), in force from 1-2-1974, by inserting the words, ” and the Federal Territory shall be a territory of the Federation.” Section 2 (2) of Act A566 also provided w.e.f. 1-2-1974 that -

“Any reference in the Constitution and any other written law to the Federation, Malaya, Malaysia, the States of the Federation, the State of Malaya, or West Malaysia, however used, whether or not used in conjunction with or as part of another, shall be construed to include a reference to the Federal Territory, unless there is a provision to the contrary or there is something in the subject or context inconsistent with or repugnant to such construction”.

3. The present Clause was substituted by Act A585, a. 11, in force from 16-4-1984.

Art. 2:

See Art. 22, 113 (3), 159 (4) (bb).

Art. 3 (2):

1. The words “States not having a Ruler” in line 1 were substituted for “Malacca and Penang” by Act 26/1963, s. 7 (1), in force from 16-9-1963.

2. The words, “religion of Islam” were substituted for “Muslim religion” by Act A354, s. 45, in force from 27-8-1976.

Art. 3 (3):

The words “religion of Islam” were substituted for “Muslim religion” by Act A354, s. 45, in force from 27-8-1976. The words “States of Malacca, Penang, Sabah and Sarawak” were substituted for “States of Malacca and Penang” by Act A354, s.3. in force from 27-8-1976.

1. Act 26/1963, s. 7(2), in force from 16-9-1963, substituted “Penang and Singapore” for “and Penang” Act 59/1966, s. 2, in force from 9-8-1965, restored the original version “and Penang”.

2. See Art. 5 of the Constitutions of the States of Malacca and Penang.

Art. 3 (5):

1. Added by Act A206, Schedule, in force 1-2-1974 and amended by Act A354, s. 45, in force from 27-8-1976, substituted “religion of Islam” for “Muslim religion” and “Islamic” and “Muslim”.

2. The words “Territories of Kuala Lumpur and Labuan” were substituted for the word “Territory” by Act A585, Schedule, in force from 16-4-1984.

Art: 4 (1);

See Art. 159A.

Art. 4 (3):

The words “in proceedings for a declaration that the law is invalid on that ground or “which appear before para. (a) were inserted by Act 26/1963, s. 40, in force from 16-9- 1963.

Art. 4 (4):

Added by Act 26/1963, s. 40, in force from 16-9-1963.

Art. 5 (1):

See Art. 149 (1).

Art. 5 (2):

The words “a High Court” which appear in line 1 were substituted for “the Supreme Court” by Act 26/1963, s. 70. in force from 16-9-1963.

Art. 5 (4):

Proviso added by Act A354, s. 4, in force from 31-8-1957.

Art. 6 (4):

Added by Act A354, s. 5, in force from 27-8-1976.

Art. 8

See Art. 12.161A (5) Clause (5) (c): The words “Malay Peninsula” were substituted for “Federation” by Act 26/1963, s. 70, in force from 16-9-1963.

Art. 9

See Art. 149 (1).

Clause (2):

1. The words “Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof” which appear at the commencement were substituted for the words “Subject to any restriction imposed by any law relating to the security of the Federation” by Act 26/1963, s. 60 (1) in force from 16-9-1963.

2. See Art. 4 (2) (a).

Clause (3):

1. This Clause was added by Act 26/1963, s. 60 (1), in force from 16-9-1963. A proviso which was added at the same time was repealed by Act 59/1966, s. 2, in force from 19-9-1966. As it stood on the date of repeal, the proviso read as follows:

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

2. This Clause (3) applies to laws passed before Malaysia Day so as to impose restrictions with effect from Malaysia Day – Act 26/1963, s. 60 (2).

3. The proviso to Clause (3) was amended by adding ” and any such restriction shall apply reciprocally to the State of Malaya and the State of Singapore” at the end of the proviso by Act 19/1964, s. 2. in force from 30-7-1964.

Art. 10:

See Art. 149 (1)

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

Clause (2):

1. The words ” or any part thereof” which appear in paras (a), (b) and (c) after the word “Federation” were inserted by Act 26/1963, s. 60 (3), in force from 16-9-1963.

2. See Art. 4 (2) (b).

Clause (3) was added by Act 26/1963, s. 60 (4), in force from 16-9-1963, which also amended Clause (1) by substituting the words “Clause (2) and (3)” for “Clause (2)” appearing at the commencement of the Clause.

Clause (4) added by Act A30, s. 2, in force from 10-3-1971.

Art. 11 (4):

1. The words “and in respect of the Federal Territory, federal law” were inserted after “State law” in line 1 by Act A206, Schedule, in force from 1-2-1974. The words “religion of Islam” substituted for “Muslim religion” by Act A354, s. 45, in force from 27-8-1976.

2. Subsequently the words “Territories” Kuala Lumpur and Labuan” were substituted for the word “Territory” by Act A585, Schedule, in force from 16-4-1984.

Art. 12 (2):

1. The present Clause (2) was inserted by Act A354, s. 6, in force from 27-8-1976 and replaced the earlier Clause which read as follows:

“(2) Every religious group has the right to establish and maintain institutions for the education of children and provide therein instruction in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law, but federal law or State law may provide for special financial aid for the establishment or maintenance of Muslim institutions or the instruction in the Muslim religion of persons professing that religion.”

2. The words “or State law” which appears in line five after “federal law” were inserted by Act 25/1963, s. 2 (1), in force from 31-8-1957 vide s. 3 (3).

Art. 14

1. The present Article was inserted by Act 26/1963, s. 23, in force from 16-9-1963, but Clauses (1) (c), (2) and (3), which are reproduced below, were repealed by Act 59/1966, s. 2, in force from 9-8-1965.

(1) (C) every citizen of Singapore.

(2) Subject to the provisions of this Part, provision with respect to citizenship of Singapore may be made by the constitution of that State, and may be amended by laws passed by the Legislature of that State and approved by Act of Parliament.

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

2. The earlier Article, as it stood at the date of repeal, read as follows:

14.

(1) Subject to the following provision of this Article, the following persons are citizens by operation of law, that is to say:

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

(b) every person born within the Federation on or after Merdeka Day;

(c) every person born outside the Federation on or after Merdeka Day whose father is a citizen at the time of the birth and either was born within the Federation or is at the time of the birth in service under the Government of the Federation or of a State;

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

For the purposes of paragraph (d) of this Clause “prescribed territory” means Singapore, Sarawak, Brunei or North Borneo, or any such other territory as the Yang di-Pertuan Agong may by order prescribe for such purposes.

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

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

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

(c) neither of his parents was a citizen of the Federation and neither of them was a permanent resident therein. Provided that paragraph (c) of this Clause does not apply -

(i) to any person born within the Federation before the date on which section 2 of the Constitution (Amendment) Act 1962 came into force;

(ii) to any person if, as a result of the application of that paragraph, he would not be a citizen of any country.

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

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

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

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

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

Art. 15

1. The present Article was inserted by Act 26/1963, s. 25, in force from 16-9-1963, Act 59/1966, s. 2, in force from 9-8-1965, amended it -

(a) by repealing Clause (6) which read as follows:

(6) In Clause (1) the words ‘outside Singapore’ shall not have effect in the case of a woman whose husband is a citizen by naturalisation under Clause (2) of Article 19.”

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

Clause (1): See Art. 24 (4), 26 (2), 28 (1) (b), 28A (3).

Clause (3): See 2nd Sch. Pt III. s.18.

2. The original Article as it stood on Merdeka Day read as follows:

15

(1) Subject to Article 18, any woman who is married to a citizen is entitle, upon making application to the registering authority, to be registered as a citizen.

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