(5)The Conference of Rulers shall be consulted before any change in policy affecting administrative action under Article 153 is made. (c)such other jurisdiction as may be conferred by or under federal law. (1)Subject to the provisions of any Act of Parliament passed after Malaysia Day, the Yang di-Pertuan Agong may by order make as respects any State any such provision as may be made by Act of Parliament-, (a)for authorising the Legislature of the State to make laws as mentioned in Article 76A; or. (2)The Judicial and Legal Service Commission shall consist of-. Federal constitution citations include the title of the constitution, followed by the amendment or article and section being cited to. (4)In regulating its procedure each House may provide, as respects any decision relating to its proceedings, that it shall not be made except by a specified majority or by a specified number of votes. (7)Notwithstanding anything in this Article, a person who is a citizen by naturalisation or by registration under Article 17 shall not be appointed Prime Minister. Personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate or intestate. (7)The Yang di-Pertuan Agong may, on the advice of the Chief Justice, make such rules as he may deem necessary or expedient to provide for the removal of any difficulty or anomaly whatsoever in any written law or in the carrying out of any function, the exercise of any power, the discharge of any duty, or the doing of any act, under any written law, that may be occasioned by this Article; and for that purpose such rules may make any modification, adaptation, alteration, change or amendment whatsoever to any written law. (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. (10) The date of the completion of a review under Clause (2) or Clause (3A), as the case may be, shall be the date of the submission of the report to the Prime Minister under section 8 of the Thirteenth Schedule, and a notice of such date shall be published by the Election Commission in the Gazette. (2)The estimates of expenditure shall show separately-. (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. (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)Establishment of standards of weights and measures; (g)Establishment of standards of quality of goods manufactured in or exported from the Federation; (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, Shipping, navigation and fisheries, including-. (1)No Act of Parliament terminating or restricting the use of the English language for any of the purposes mentioned in Clauses (2) to (5) of Article 152 shall come into operation as regards the use of the English language in any case mentioned in Clause (2) of this Article until ten years after Malaysia Day. (b)forty members shall be appointed by the Yang di-Pertuan Agong. (2A)The power conferred on the Yang di-Pertuan Agong by this Article shall include the power to issue different Proclamations on different grounds or in different circumstances, whether or not there is a Proclamation or Proclamations already issued by the Yang di-Pertuan Agong under Clause (1) and such Proclamation or Proclamations are in operation. (2)Subject to Article 18, the Federal Government may cause any person under the age of twenty-one years of whose parents one at least is (or was at death) a citizen to be registered as a citizen upon application made to the Federal Government by his parent or guardian. (6)The person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court. (4)Nothing in this Article shall authorise the declaration as a Malay reservation of any land which at the time of the declaration is owned or occupied by a person who is not a Malay or in or over which such a person has then any right or interest. (2)References in this section to citizens 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. (2)Where by virtue of Clause (1) an item is included in the Concurrent List for a State for a period only, the expiration or termination of that period shall not affect the continued operation of any State law passed by virtue of the item, save as provided by federal or State law. (4)Without prejudice to the provisions of Clauses (1) to (3A), Parliament may by law-, (a)assign to the States the whole or any portion of the proceeds of any tax or fee raised or levied by the Federation; and. (1)There shall be a Majlis Raja-Raja (Conference of Rulers), which shall be constituted in accordance with the Fifth Schedule. (3)Where a requirement is made under Clause (1) in respect of any land which, at the date of the requirement, was intended for any State purpose, then if-, (a)other land is acquired by the State for that purpose in substitution for the first-mentioned land; and. (2A)In addition to any disqualification provided under Clause (2), the chairman or deputy chairman of any of the Commissions to which this Part applies shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of managment, or an 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: (3)Clause (2) does not apply to ex officio members; and a member of any of the public services may be appointed to be and remain chairman or deputy chairman and, if he is on leave prior to retirement, he may be appointed to be another member, of any of the said Commissions. (1)Subject to the precedence of the Yang di-Pertuan Agong and his Consort, the Rulers and Yang di-Pertua-Yang di-Pertua Negeri of the States shall take precedence over all other persons and each Ruler or Yang di-Pertua Negeri shall in his own State take precedence over the other Rulers and Yang di-Pertua-Yang di-Pertua Negeri. All persons of whatever race in the same grade in the service of the Federation shall, subject to the terms and conditions of their employment, be treated impartially. Federal Constitution The Federal Constitution of Malaysia is the foremost legal instrument and contains 181 provisions, called Articles. Federal Constitution FEDERAL CONSTITUTION ARRAnGeMent oF ARtiCLeS Pa r t i the StAteS, ReLiGion AnD LAw oF the FeDeRAtion Article 1. name, States and territories of the Federation 2. These are the sources and citations used to research MALAYSIAN FEDERAL CONSTITUTION. (9)For the purpose of this Article the Houses of Parliament shall be regarded as sitting only if the members of each House are respectively assembled together and carrying out the business of the House. (3)At any meeting of the National Finance Council the Prime Minister may be represented by another Minister of the Federation, and the Prime Minister or, if he is not present, the Minister representing him, shall preside. Name, States and territories of the Federation. (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. (a)a chairman, who shall be appointed by the Chief Justice of the Federal Court and who shall be, or have been, or be qualified to be a judge of the Federal Court, the Court of Appeal or a High Court, or shall before Malaysia Day have been a judge of the Federal Court; (b)a member who shall be appointed by the Federal Government; and. (i)Subject to paragraph (ii), the Election Commission shall, from time to time, as they deem necessary, review the division of the Federation and the States into constituencies and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the Thirteenth Schedule; and the reviews of constituencies for the purpose of elections to the Legislative Assemblies shall be undertaken at the same time as the reviews of constituencies for the purpose of elections to the House of Representatives. Printer. Last Updated: Monday, 28 December 2020, 12:28 GMT, 1951 Convention Relating to the Status of Refugees, 1967 Protocol Relating to the Status of Refugees, 1954 Convention Relating to the Status of Stateless Persons, 1961 Convention on the Reduction of Statelessness, National Legislative Bodies / National Authorities. Cite the federal constitution by "U.S." or the abbreviated name of the state. 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. (3)The provisions of Clauses (5) and (6) of Article 43 shall apply to Deputy Ministers as they apply to Ministers. (1)The Federation shall make to each State in respect of each financial year-. (1B)Any person elected as Speaker who is not a member of the Legislative Assembly -, (a)shall, before he enters upon the duties of his office, take and subscribe before the Assembly an oath of office; and. (a)every citizen has the right to freedom of speech and expression; (b)all citizens have the right to assemble peaceably and without arms; (c)all citizens have the right to form associations. For the purposes of Clause (1) of Article 76-. (2)A person is not a citizen by virtue of paragraph (b) or (c) of subsection (1) if, 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. (3)In the case of any such reference, the committee shall hold an inquiry in such manner as the Federal Government may direct, and submit its report to that Government; and the Federal Government shall have regard to the report in determining whether to make the order. (ii)A review under paragraph (i) shall not affect the interval provided under paragraph (ii) of Clause (2) in respect of a review under paragraph (i) of that Clause. Malaysia law can be classified into various sources, mainly are written law, unwritten law and Muslim law. (2)Notwithstanding anything in Part VI, Parliament shall have exclusive power to make laws with respect to the boundaries of the federal capital. (6)Before a Minister exercises the functions of his office he shall take and subscribe in the presence of the Yang di-Pertuan Agong the oath of office and allegiance and the oath of secrecy set out in the Sixth Schedule. (5)The remuneration and other terms of office (including pension rights) of the Auditor General shall not be altered to his disadvantage after his appointment. (iii)The Yang di-Pertuan Agong may by regulations provide for matters relating to the appointments of the members of, and the procedure to be followed by, the board or the Appeal Board under this Clause. constituteproject.org Malaysia's Constitution of 1957 with Amendments through 2007 Subsequently amended (2)The Auditor General shall perform such other duties and exercise such powers in relation to the accounts of the Federation and of the States and to the accounts of other public authorities and of those bodies which are specified by order made by the Yang di-Pertuan Agong, as may be provided by federal law. (4)Notwithstanding the provisions of Clause (1), for a period of ten years after Merdeka Day, and thereafter until Parliament otherwise provides, all proceedings in the Federal Court, the Court of Appeal or a High Court shall be in the English language: Provided that, if the Court and counsel on both sides agree, evidence taken in language spoken by the witness need not be translated into or recorded in English. (1)There shall be an Education Service Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the service mentioned in paragraph (h) of Clause (1) of Article 132. by virtue of this paragraph. (c)if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceeding specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of. 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. A First Look At The Malaysian Legal System. (a)members of the general public service of the Federation who are employed in a federal department in the State of Sabah or Sarawak; (b)members of the public service of the State of Sabah or Sarawak who are seconded to the general public service of the Federation; and. (1A)The jurisdiction of the Public Services Commission shall extend to-. (c)as to the balance, for payments to the State in which the development area is situated or, if it is situated in two or more states, to those States in such proportions as the Federal Government may determine. (5)Notwithstanding the provisions of Clause (1), until Parliament otherwise provides, all proceedings in subordinate courts, other than the taking of evidence, shall be in the English language. Your Bibliography: Shad Saleem Faruqui., 2008. (2)The States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Trengganu. (3)A Bill for making any amendment to the Constitution (other than an amendment except from the provisions of this Clause) and a Bill for making any amendment to a law passed under Clause (4) of Article 10 shall not be passed in either House of Parliament 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 of that House. (5)In this Article "amendment" includes addition and repeal. (3)No member of any of the services mentioned in paragraph (c), (f) or (g) of Clause (1) of Article 132 shall, without the concurrence of the Judicial and Legal Service Commission, be dismissed or reduced in rank or suffer any other disciplinary measure for anything done or omitted by him in the exercise of a judicial function conferred on him by law. (1)Notwithstanding Clause (2) of Article 134, the jurisdiction of the Police Force Commission shall extend to members of the public service of the State of Sabah or Sarawak who are seconded to the police force; and for purposes of the Police Force Commission they shall be deemed to be members of the police force. (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 so reconstituted, but varied, for the purposes of further elections, in accordance with subsection (4). (5)Notwithstanding Clause (4), no person shall be liable to any proceedings in any court in respect of anything said by him of the Yang di-Pertuan Agong or a Ruler when taking part in any proceedings of either House of Parliament or any committee thereof except where he advocates the abolition of the constitutional position of the Yang di-Pertuan Agong as the Supreme Head of the Federation or the constitutional position of the Ruler of a State, as the case may be. (b)to make from the Federal Consolidated Fund or the State Consolidated Fund, as the case may be, grants not repayable under Clause (5) or (6). (b)to establish and maintain institutions for religious or charitable purposes; and. and the Federation may from tome to time, after consultation with the National Finance Council, make grants out of the State Reserve Fund to any State for the purposes of development or generally to supplement its revenues. (5)The reference in Clause (1) to a married woman is a reference to a woman whose marriage has been registered in accordance with any written law in force in the Federation, including any such law in force before Merdeka Day, or with any written law in force before Malaysia Day in the territories comprised in the States of Sabah and Sarawak: Provided that this Clause shall not apply where the woman applies to be registered as a citizen before the beginning of September 1965, or such later date as may be fixed by order of the Yang di-Pertuan Agong, and is at the date of the application ordinarily resident in the States of Sabah and Sarawak. (a)any treaty, agreement or convention entered into before Merdeka Day between Her Majesty or her predecessors or the Government of the United Kingdom on behalf of the Federation or any part thereof and another country shall be deemed to be a treaty, agreement or convention between the federation and that other country; (b)any decision taken by an international organisation and accepted before Merdeka Day by the Government of the United Kingdom on behalf of the Federation or any part thereof shall be deemed to be a decision of an international organisation of which the Federation is a member; (c)in relation to the States of Sabah and Sarawak paragraphs (a) and (b) shall apply with the substitution of references to Malaysia Day for the references to Merdeka Day and of references to the territories comprised in those States or any of them for the references to the Federation or any part thereof. Addition and repeal and land which has suffered soil erosion last amendment here! 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